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M1 Climate Change and the Shipping Response Module 1 – Page 1 IMO Train the Trainer (TTT) Course on Energy Efficient Ship Operation Module 1 – Climate Change and the Shipping Response I M O ACKNOWLEDGEMENTS The “Train the Trainer” course presented herein is based on material originally developed by WMU in 2013 under contract for the IMO. This current edition represents a major upgrade of the training package by Dr Zabi Bazari of Energy and Emissions Solutions, UK (EnEmSol) under contract for the IMO. IMO wishes to express its sincere appreciation for WMU and EnEmSol expert assistance Printed and published by the International Maritime Organisation, London, January 2016

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Page 1: Module 1 Climate Change and the Shipping Response · M1 Climate Change and the Shipping Response ... DIESEL ENGINE WORKING PRINCIPLE AS AN INTERNAL ... the first steps to recognize

M1 Climate Change and the Shipping Response Module 1 – Page 1

IMO Train the Trainer (TTT) Course

on

Energy Efficient Ship Operation

Module 1 – Climate Change and the

Shipping Response

I M O

ACKNOWLEDGEMENTS

The “Train the Trainer” course presented herein is based on material originally developed by WMU in 2013 under contract for the IMO. This current edition represents a major upgrade of the training package by Dr Zabi

Bazari of Energy and Emissions Solutions, UK (EnEmSol) under contract for the IMO.

IMO wishes to express its sincere appreciation for WMU and EnEmSol expert assistance

Printed and published by the

International Maritime Organisation,

London, January 2016

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MODULE 1 Climate Change and the Shipping Response

Module Aims and Learning Objectives

This Module aims to provide an overview of air emissions and climate change issues as well as the international response and frameworks. It also deals with international shipping response that highlights the past and on-going IMO activities and the wider industry; including all the relevant debates leading to the adoption and implementation of the Chapter 4 of the MARPOL Annex VI. The Module also aims to describe IMO relevant activities beyond adoption of Chapter 4 including IMO debates and decisions on “further energy efficiency measures”, “technical cooperation and technology transfer”, and “major projects”.

Upon completion of this Module, you should be able to:

Differentiate between the concept of air pollution and climate change;

Identify the origins and issues related to air pollution and climate change;

Describe the concept of climate change, its impacts and identify various types of GHG emissions;

Describe the international response to the problem, the global framework and main bodies / organisations involved in tackling climate change and their overall responsibilities;

Explain IMO’s structure and its general working practices with regard to environmental protection;

Identify the main IMO activities and studies and describe the historical developments that led to the adoption of Chapter 4 of MARPOL Annex VI;

Explain the current IMO regulatory framework;

Describe the current debates on “further energy efficiency measures” and “technical cooperation and technology transfer” and progress so far; and

Name typical IMO activities for promotion of ratification and implementation of MARPOL Annex VI and specifically those related to energy efficiency and GHG control.

The material presented herein is current at the time of preparations of this document. Because of the evolving nature of regulations, technologies and future studies in area of MARPOL Annex VI and in particular energy efficiency of ships, some aspects may require updating over time.

The views expressed in this document are purely those of the author(s) and may not in any circumstances be regarded as stating an official position of the organizations involved or named in this document.

This document is subject to change by the IMO.

Dr Zabi Bazari, EnEmSol, January 2016

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CONTENT

1. AIR EMISSIONS – A LOCAL AND GLOBAL CONCERN ........................................................................................ 7

1.1 AIR EMISSIONS OVERVIEW ................................................................................................................................... 7

1.2 ORIGINS OF AIR EMISSIONS .................................................................................................................................. 7

1.3 AIR POLLUTANTS AND HUMANS ............................................................................................................................ 8

1.4 URBANISATION AND THE CONCENTRATION FACTORS ................................................................................................. 8

1.5 INDUSTRIALIZATION AND ITS IMPACTS .................................................................................................................... 8

1.6 THE NEED FOR TRANSPORTS ................................................................................................................................. 9

1.7 JUSTIFICATION OF ACTION ................................................................................................................................. 10

1.7.1 The emergence of air pollution .............................................................................................................. 10

1.7.2 The recognition of global warming ........................................................................................................ 10

2 FOSSIL FUELS AS MAIN SOURCE OF AIR EMISSIONS ..................................................................................... 11

2.1 FUELS’ OVERALL COMPOSITION ........................................................................................................................... 11

2.2 EVOLUTION OF COMBUSTION ENGINES ................................................................................................................. 11

2.3 BY-PRODUCTS OF COMBUSTION .......................................................................................................................... 12

2.4 OTHER NON-COMBUSTION RELATED AIR EMISSIONS ................................................................................................ 15

3 CLIMATE SYSTEM AND GLOBAL WARMING ................................................................................................. 17

3.1 OVERVIEW ..................................................................................................................................................... 17

3.2 GREENHOUSE GAS (GHG) EMISSIONS AND CLIMATE CHANGE ................................................................................... 18

3.3 MAIN GHG EMISSIONS..................................................................................................................................... 19

3.4 CLIMATE CHANGE IMPACTS ON OCEANS................................................................................................................ 21

4 COMBATING AIR POLLUTION: THE ROLE OF INTERNATIONAL BODIES ......................................................... 22

4.1 GROWTH OF CONCERNS ON AIR POLLUTION .......................................................................................................... 22

4.2 HISTORICAL DEVELOPMENTS .............................................................................................................................. 23

4.3 THE UNITED NATIONS ENVIRONMENT PROGRAMME (UNEP) .................................................................................. 25

4.4 INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE (IPCC) .................................................................................... 26

4.5 THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC)................................................... 27

4.6 THE KYOTO PROTOCOL ..................................................................................................................................... 28

5 IMO RESPONSE: MARITIME ENVIRONMENTAL REGULATORY FRAMEWORK ................................................ 30

5.1 UNCLOS (UNITED NATIONS CONVENTION ON THE LAW OF THE SEA) REGULATIONS AND ENVIRONMENT ......................... 30

5.2 OVERVIEW OF THE IMO STRUCTURE ................................................................................................................... 31

5.3 IMO COMMITMENT TO ENVIRONMENTAL PROTECTION ........................................................................................... 33

5.4 MARPOL CONVENTION ................................................................................................................................... 35

5.5 MARPOL ANNEX VI ....................................................................................................................................... 36

6 IMO RESPONSE TO CONTROL OF GHG EMISSIONS FROM INTERNATIONAL SHIPPING .................................. 39

6.1 SHIPPING GHG EMISSIONS CONTEXT AND IMO ROLE ............................................................................................. 39

6.2 FIRST IMO GHG STUDY 2000 .......................................................................................................................... 41

6.3 SECOND IMO GHG STUDY 2009 ...................................................................................................................... 41

6.4 THIRD IMO GHG STUDY 2014 ......................................................................................................................... 47

6.5 HISTORY OF IMO GHG-RELATED ACTIVITIES ......................................................................................................... 52

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6.6 CURRENT REGULATORY FRAMEWORK ................................................................................................................... 57

6.7 IMO FURTHER ENERGY EFFICIENCY MEASURES ...................................................................................................... 58

6.8 IMPLEMENTATION AND ENFORCEMENT SUPPORT ................................................................................................... 59

7 REFERENCES AND ADDITIONAL SOURCES OF INFORMATION ....................................................................... 62

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LIST OF FIGURES

FIGURE 1.1: WORLD FLEET EVOLUTION FROM 1914-2007 [LLOYD'S REGISTER, STATISTICAL TABLES, WORLD FLEET STATISTICS 2000] .... 9

FIGURE 2.1: STEAM GENERATOR PRINCIPLE ON SHIPS ............................................................................................................... 11

FIGURE 2.2: DIESEL ENGINE WORKING PRINCIPLE AS AN INTERNAL COMBUSTION ENGINE ................................................................ 12

FIGURE 2.3: TYPICAL PRODUCTS OF COMBUSTION ................................................................................................................... 13

FIGURE 2.4: CHANGES OF CO2 CONCENTRATION IN EARTH ATMOSPHERE [EARTH SYSTEM LABORATORY] ........................................... 13

FIGURE 2.5: TYPES AND RELATIVE IMPORTANT OF GHG EMISSIONS GLOBALLY [WIKIPEDIA WEBSITE] ................................................ 15

FIGURE 3.1: SCHEMATIC VIEW OF THE COMPONENTS OF THE CLIMATE SYSTEM, THEIR PROCESSES AND INTERACTIONS [IPCC FOURTH

ASSESSMENT REPORT, CLIMATE CHANGE 2007 (AR4) WG I] .......................................................................................... 17

FIGURE 3.2: AN IDEALISED MODEL OF THE NATURAL GREENHOUSE EFFECT [SOURCE: IPCC AR4 WG I] ............................................. 18

FIGURE 3.3: EVOLUTION OF ATMOSPHERIC CONCENTRATION OF A NUMBER OF GHG EMISSIONS [IPCC (2007A)] .............................. 19

FIGURE 3.4: MAJOR CARBON POOLS AND FLUXES OF THE GLOBAL CARBON BALANCE [FAO WEBSITE] ................................................ 20

FIGURE 5.1: IMO AND ITS SECRETARIAT STRUCTURES .............................................................................................................. 32

FIGURE 5.2: IMO CONVENTIONS RELATING TO THE PREVENTION OF MARINE POLLUTION RELATING TO SHIP OPERATIONS ...................... 34

FIGURE 5.3: SHIP'S AIR EMISSIONS REGULATED BY MARPOL ANNEX VI ...................................................................................... 36

FIGURE 6.1: UNCTAD, REVIEW OF THE MARITIME TRANSPORT 2013 ....................................................................................... 39

FIGURE 6.2: IMO RESPONSIBILITY WITHIN THE INTERNATIONAL FRAMEWORK FOR CONTROL OF GHG EMISSIONS [REYNOLDS AND BAZARI,

2005] ................................................................................................................................................................... 40

FIGURE 6.3: CO2 EMISSION EFFICIENCY CALCULATION [SECOND IMO GHG STUDY 2009] ............................................................. 45

FIGURE 6.4: TYPICAL RANGE OF SHIP CO2 EFFICIENCIES COMPARED TO RAIL, ROAD AND AIR FREIGHT [SECOND IMO GHG STUDY 2009] 45

FIGURE 6.5: EMISSIONS OF CO2 FROM SHIPPING COMPARED WITH GLOBAL EMISSIONS [SECOND IMO GHG STUDY 2009] .................. 46

FIGURE 6.6: IMO POLICY APPROACHES OF THE GHG EMISSION REDUCTION ................................................................................. 46

FIGURE 6.7: GEOGRAPHICAL COVERAGE USING AIS DATA AND SHIPPING SATELLITE DATA [THIRD IMO GHG STUDY 2014] .................. 48

FIGURE 6.8: CO2 EMISSIONS FROM INTERNATIONAL SHIPPING BY SHIP TYPE FOR 2012 [THIRD IMO GHG STUDY 2014] ..................... 49

FIGURE 6.10: EMISSIONS ESTIMATES FOR ALL SHIPPING FOR PERIOD 2007 TO 2012. GREEN BAR REPRESENTS THE SECOND IMO GHG

STUDY 2009 ESTIMATE [THIRD IMO GHG STUDY 2014] ............................................................................................... 50

FIGURE 6.11: ANNUAL SHIPPING FUEL CONSUMPTION PER SHIP TYPE AND COMBUSTION SYSTEM [THIRD IMO GHG STUDY 2014] ........ 51

FIGURE 6.9: CO2 EMISSIONS PROJECTIONS FOR INTERNATIONAL SHIPPING [THIRD IMO GHG STUDY 2014] ..................................... 52

FIGURE 6.12: IMO GHG CONTROL RELATED ACTIVITIES IN CHRONOLIGAL ORDER .......................................................................... 53

FIGURE 6.13: MAIN COMPONENTS OF THE IMO ENERGY EFFICIENCY REGULATIONS ....................................................................... 58

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LIST OF TABLES

TABLE 2.1: BOTTOM-UP CO2E (CO2 EQUIVALENT) EMISSIONS ESTIMATES FOR INTERNATIONAL SHIPPING (THOUSAND TONNES) [THIRD

IMO GHG STUDY 2014] .......................................................................................................................................... 15

TABLE 6.1: SUMMARY OF GHG EMISSIONS FROM SHIPPING IN 2007 [SECOND IMO GHG STUDY 2009] ......................................... 42

TABLE 6.2: INCREASE OF EXHAUST EMISSIONS FROM TOTAL SHIPPING 1990-2007 [SECOND IMO GHG STUDY 2009] ....................... 43

TABLE 6.3: REDUCTION IN ESTIMATED ANNUAL EMISSIONS (TONNES) OF REFRIGERANTS FROM SHIPS [SECOND IMO GHG STUDY 2009] 43

TABLE 6.4: ESTIMATED EMISSIONS (MILLION TONNES) OF SO2 (2008) [SECOND IMO GHG STUDY 2009] ....................................... 43

TABLE 6.5: ASSESSMENT OF POTENTIAL REDUCTIONS OF CO2 EMISSIONS FROM SHIPPING BY USING KNOWN TECHNOLOGY [SECOND IMO

GHG STUDY 2009] .................................................................................................................................................. 44

TABLE 6.6: ESTIMATED EMISSIONS OF CO2 (MILLION TONNES) FROM TOTAL SHIPPING AND INTERNATIONAL SHIPPING [THIRD IMO GHG

STUDY 2014] .......................................................................................................................................................... 49

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1. Air emissions – a local and global concern

1.1 Air emissions overview

Air emissions has emerged as a serious concern in the past few decades due to their impact on human health and the wider eco-system including land and sea. Generally, the air quality / air pollution became an issue for the regulators when:

Air emissions impacted the public health;

Air emissions had visible effects on the environment, sea, land, agriculture, etc.; and

Air pollution was highlighted by the scientific community.

Thus the disturbances to human well-being, its living environment and civil/scientific activities formed the first steps to recognize pollutions as a serious issue. The visibility factor associated with social acceptance explains why some pollutants were regulated before others –e.g. oil pollution and garbage. In this respect, the air pollution faced a clear lack of actual visibility. For this simple reason, in the shipping industry, the regulation for air pollution was delayed due to more obvious aspects such as water pollution. To best address the air emissions problems, it is important to distinguish between air pollutants and those components that leads to climate change and or ozone hole due to alteration to the earth’s atmosphere properties:

Air pollutants are considered to be harmful substances for human beings. Generally, the impact on communities decreases with the distance from the release point. NOx (Nitrogen Oxides), SOx (Sulphur Oxides) and Particulate Matters (PM) are amongst this category.

Other emissions are those that alter the constituents of the earth’s atmosphere via changes to their atmospheric concentrations. Greenhouse Gases (GHG) and Ozone Depleting Substances (ODS) are typical elements entering in this category.

Generally, the former (air pollutants) are considered emissions with significant local impacts while the latter (GHG emissions and ODS) are considered as gases with significant global impacts.

1.2 Origins of air emissions

It is well established that the air contains a large variety of gas or vaporous components. Despite the

overwhelming presence of oxygen and nitrogen, the atmosphere contains various gases, vapours and

aerosols. Such substances originate from natural processes or as a result of human activities.

Several natural processes release chemical and particulates matters into the atmosphere e.g.

volcanoes gas eruptions, forest fires, decaying dead animals, humans or plants, etc. These are

referred to as naturogenic emissions.

Human activities, in particular industrial activities, produce a large amount of gases and

chemicals which are released into the atmosphere. In fact all industrial activities including

transport produce such emissions. These are man-made emissions and normally referred to

anthropogenic emissions.

Some of the substances present in the atmosphere remain physiologically and chemically inert but

others may affect human health, animals, plants, etc. However, most air emissions will have global

environmental impacts by affecting the properties of the atmosphere.

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1.3 Air pollutants and humans

To survive, human beings need to breathe a mixture of oxygen and nitrogen. On a daily basis, our lungs filter between 10,000 to 15,000 litres of air, and far more for sportspersons. Therefore, humans are particularly sensitive to the air quality because the lungs constitute an open access route to the body for substances contained in the air.

As a result, unexpected and harmful substances floating in the air may damage the respiratory system and/or the body through the absorption of gases, vapours and aerosols by blood through the lungs. The first effort to manage air quality was initiated due to observed negative impacts to humans by the air pollutants (smell, smoke, particulate matters, etc.) in large cities.

1.4 Urbanisation and the concentration factors

Before the urbanization, the human populations were smaller and distributed across large territories. Therefore, they had opportunities to escape from the natural exposure to air pollutants and their small settlements were easily located away from pollutant release areas. The emergence of agriculture established permanent settlements and allowed population growth and labour diversification. The cities developed. They became centres of power and culture as well as trade and production activities. Therefore, they attracted large populations in relatively confined areas.

The concentration of human beings in such restricted locations combined with the use of substances and techniques implying the generation of gases, vapours and aerosols (e.g. open fire and non-organized garbage disposal), increased the nuisances for the whole settlement. The air nuisance for the urban population was the first concern in the field of air pollution. Only later, the effects on animals, plants, buildings, clothing, and work of art as well as on the overall environment were to become a concern.

In short, the rise of industrialisation and urbanization created the issue of human-made air emissions. This demonstrates the direct link between the population size, the economic activity types and the air pollution. The explosion of the world population – less than 700 million in 1770 to about 7 billion today and huge industrialisation exponentially increased the man-made air emissions by each individual through the social activities. The ineffective or missing control measures created a condition that could lead to damages to humans and destabilize their environments.

1.5 Industrialization and its impacts

Prior to 19th century most of the energy available to man was that derivable from his food, the labour of domesticated animals and the use of wood for fuel. In addition, several sources of renewable energy were available – i.e. water and windmills, noria, etc. But wind and water powered systems were highly dependent on natural conditions. So, these systems were insufficiently reliable and predictable in their power release. In the early 19th century, the “Industrial Revolution” required extensive use of reliable and ready-to-use energy in order to operate engines and machinery. The discovery of fossil fuels and their combustion fed the industry to the detriment of renewable energy sources and animal energy.

The coal formed the first source of power to the ever growing industries and was soon followed by the oil and later on by the natural gas. While the coal served the industrialization of the 19th century and supported the steam engines, the locomotives, the steamships and the steam power plants; the oil fuelled the 20th century’s development by leading to the internal combustion engine, the automobile, marine diesel engines, the aeroplanes, and various types of electric power plants (diesel, steam turbine, gas turbines and combined systems).

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Coal and oil provided high power capacities with almost instant availability. They are flexible to use, transport and store, particularly the oil. They are available at low cost, especially during the first stage of their exploitation. The handling of such fuels requires a relatively simple technical environment, contrary to nuclear fuel.

These two sources of fossil energy formed the elementary materials which provided the power to launch and develop the industrialized world. The industrialization of an increasing number of human activities and the expansion of the transport network led to the increasing demand for energy which consequently accelerated the fossil fuel consumption and the related air emission. Now, coals are mostly used in land-based facilities for power generation while oil is, by far, the main source of transportation systems fuels. All signs indicate that natural gas is about to act a serious contender to replace coal and oil in the future; possibly as a bridge to future low carbon societies.

1.6 The need for transports

The establishment of an industrialized-urban world triggered serious socio-economic changes. Among these changes, the massive developments of the trade and transport in connection with the rise of the market society became evident. Market society and trade required the support and intensification of the transportation needs at sea and on land.

The shipping fleet boomed internationally in an effort to connect the world and benefit from the international trade. From 1840 to 2005, the world seaborne trade grew from 20 million tons to 7.122 billion tons with average yearly growth rate around 4.5% (Stopford, 2009). See also Figure 1.1 that not only indicates this increase in terms of tonnage and number of ships but also is indicative that average size of ships has also increased ever since.

The road transportation systems expanded throughout the 19th and 20th centuries in order to build, strengthen, extend and unify inland markets. The railroad inaugurated the land transport era and, later, the car industry followed. The air industry is the most recently developed transport system, and today holds a predominant position in international passenger transportation.

Figure 1.1: World Fleet evolution from 1914-2007 [Lloyd's Register, Statistical Tables, World fleet statistics 2000]

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1.7 Justification of action

1.7.1 The emergence of air pollution

The world industrial developments and corresponding transportation system growth were based (and still is) on energy sources almost exclusively derived from fossil fuels. The massive extraction and combustion of fossil fuels in combination with the release of related exhaust emissions caused not only the air quality issues but also lead to evidence of climate change and global warming. As mentioned before, the cities were first affected by the air pollution. The vicinity of industries and urban areas amplified the issue of air quality.

The undeniable impacts of air pollutants triggered a regulatory process from 1970s aiming to mitigate this issue while concurrently raising awareness among the public as well as enhancing research on control of air pollution. Thus, through its deadly impacts, the air emissions and in particular its polluting aspects acquired social visibility. The amounts of pollutants emitted in the air became so large that their consequences could not be ignored either locally or globally.

1.7.2 The recognition of global warming

The issue of global warming linked to GHG emissions is also mostly linked to use of fossil fuels and has received significant attention from 1992 when the first “Earth Summit” on the subject was organised in Rio. According to the world accepted expert body IPPC:

“Warming of the climate system is unequivocal, as is now evident from observations of increases in global average air and ocean temperatures, widespread melting of snow and ice and rising global average sea level.” (IPCC, 2007)

Recognizing its impacts, it was decided that the changes to earth atmosphere properties needs to be addressed and limited as much as possible in order to keep a balanced environment for human societies. As this is a global problem, the response has to be international. Three justifications drive action:

The price of the energy tends to increase with the scarcity of the resources. The Hubert peak oil discussions illustrate this issue -“the amount which remains at any given time equals the amount initially present less that which has been consumed” (Hubbert, 1949);

The absence of action may seriously jeopardize the living conditions on earth for human beings. ‘One of the consequences of the current stage of industrialization and the demand for improved quality of life has been increased exposure to air pollution coming from industrial activities, traffic and energy production’ (WHO, 2007); and

The power acquired by the humankind forces him to be responsible for the consequences of its actions (H. Jonas, 1984).

In short, environmental and moral justifications nicely merge with an economic motivation.

“We stand at a juncture where our words need to be matched by actions, so that climate change will not accelerate its adverse effect on everybody. And the decisions and actions we must take without further delay, will be of paramount importance for generations to come. *…] That said, mid-range scenarios show that, by 2050, those emissions could grow by a factor of 2 to 3 if no regulations to stem them are enacted. Successfully addressing climate change will be far from easy; but the consequences of failing to do so are too dire to contemplate.” (The then Secretary General of the IMO, Mr Mitropoulos as cited in IMO, 2009)

But, before introducing the international response to climate change, we need to highlight the role that fossil fuels and their usage play on the global warming.

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2 Fossil fuels as main source of air emissions

2.1 Fuels’ overall composition

The fuel combustion produces energy but generates a certain number of by-products in the form of exhaust emissions. Fossil fuels were created millions of years ago, most certainly from the compression and chemistry occurring inside layers of organic matter accumulated and recovered. Because of their origin, fossil fuels contain high levels of carbon. Coal usually contains up to 95% of carbon (average 90%), the rest being hydrogen, water and ash. The crude oil demonstrates proportion of carbon around 82-87% (average of about 84%) by weight.

While coal is predominantly made of carbon, crude oil is a complex mixture of hydrocarbons. In addition to carbon and hydrogen, crude oil and coals may hold a large variety of chemical compounds trapped in their structures. For example, coals contain mainly carbon but also sulphur and many other noxious matters. An ‘average’ crude oil contains about 84% carbon, 14% hydrogen, 1%-3% sulphur, and less than 1% each of nitrogen, oxygen, metals, and salts. (OSHA website)

2.2 Evolution of combustion engines

Following various experimentations during the 17th and 18th century, the steam engine became operational on ships within the 19th century. Coal was the first fuel used to generate steam in order to activate paddles and propellers. Turbine engines were introduced later. The early processes in steam ships are depicted in Figure 2.1.

Figure 2.1: Steam generator principle on ships

Steam directed to the

steam engines or

turbines

Paddle or propeller

Exhaust GAS of

combustion

STEAM

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Coal produced thick smoke and the energy efficiency of steam systems remained low. These drawbacks fostered the use of oil and encouraged technical innovation and particularly the modification that led to wider use of diesel engines on board ships; that are much more efficient than steam plants.

The first diesel ocean-going ship, the MV Selandia, was launched in 1912. The novelty was the direct use of the energy of combustion without passing through steam systems (a move from so called “external combustion engines” to “internal combustion engines”); see Figure 2.2.

Figure 2.2: Diesel engine working principle as an internal combustion engine

The efficiency of the internal combustion engine in particular diesel engines is higher than the external combustion engines. It was due to this high efficiency and economic advantage that after the oil crisis of 1973 and the rise of oil prices, diesel engines dominated the shipping industry (99%). However, some narrow sectors of the industry (about 1%) still rely on other kind of heat engines such as steam turbines, and gas turbines. Such uses including the use of nuclear energy in shipping is for operational/functional reasons in particular in navy applications.

2.3 By-products of combustion

When fossil fuels are used, irrespective of type of engine, the exhaust emissions will mainly include carbon dioxide (CO2), water vapour (H2O) and nitrogen (N2). Additionally, small amounts of other gases such as NOx and SOx plus Particulate Matter would also be present (see Figure 2.3).

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Figure 2.3: Typical products of combustion

Air is not made of pure oxygen but contains around 21% of oxygen (O2) and 78% of nitrogen (N2) and

small quantities of other gases. In addition, fuels are not made of pure carbon and hydrogen chains as

stated before. So, the outcome of the combustion produces a large combination of various gases and

compounds despite the clear dominance of carbon dioxide and water vapour in exhaust emissions as

indicated in Figure 2.3. The main components that are harmful to environment and human are as

follows:

CO2: Carbon Dioxide This gas is naturally present in the air and mainly associated with the living. While the CO2 concentration was 280 ppm (parts per million) prior to 1750, the present concentration in 2015 is just over 400 ppm by volume. It has been observed that the amount of carbon dioxide in the atmosphere has steadily increased since the industrial revolution (see Figure 2.4). Such level of CO2 in the air does not affect the human health; however, the carbon dioxide participates actively in the global warming of the planet and the oceans acidification.

Figure 2.4: Changes of CO2 concentration in earth atmosphere [Earth System Laboratory]

Fuel + Air

Carbon Dioxide + Water + Nitrogen

+ Various gas compounds + Particulate Matters

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NOx: Nitrogen Oxides NOx refers to many types of nitrogen and oxygen containing compounds; primarily Nitrogen Oxide (NO) and Nitrogen Di-Oxide (NO2). Such compounds originate from the combustion process; where a small quantity of nitrogen is oxidized to form various nitrogen oxides. The amount of NOx emitted by the engine is “primarily a function of combustion temperature and, if present, the amount of organic nitrogen available from the fuel” (NOx Technical Code, 2008). These by-products of the combustion have detrimental effects on the environment and the human body:

NOx is a reactive gas, at the presence of sunlight.

Causes health problem; in particular on respiratory system.

NOx together with other ground-level emissions reacting gases in the atmosphere could lead to smog (smoky fog) phenomenon that is a major issue in many large cities.

Additionally, NOx contributes to global warming and acid rain.

SOx: Sulphur Oxides SOx refer to various compound containing sulphur and oxygen which is produced during the combustion; primarily Sulphur Dioxides (SO2) and to a less extent Sulphur Trioxides (SO3). The amount of SOx released is directly linked to sulphur content of the fuel used; as all the fuel sulphur changes to SOx as follows:

S+O2 SO2 SO2 + 1/2 O2 SO3

So, the quality of the fuel determines the release of sulphur in the atmosphere. As a global trend, while land-based sulphur releases from industry and road transport have declined, the amount of SOx emitted by shipping have increased from 1970 to 2005, particularly before the entry into force of sulphur-related regulations (Smith et al., 2011). SOx causes: (1) Acid rain (2) Sea and soil acidification and (3) Human health issue. Additionally, PM (Particulate Matters) that is produced due to non-complete combustion; its level generally increases with higher fuel sulphur level. Thus reduction of fuel sulphur will reduce SOx but also PM.

PM: Particulate Matters PM are tiny solid particles contained in exhaust gases and in suspension. They are mainly carbon and represent the imperfect combustion of fuel originating from either bad quality fuel or poor quality of combustion. The type and size of the PM released determine their effects on human health and the environment. Sizes are generally less than 100 micrometre or micron and the smaller the size, the impact on human health is expected to be more due to the ease of deeper travel of smaller particles in the lung and respiratory system.

GHG emissions Despite the existence of numerous substances released to the atmosphere which may impact the climate and lead to global warming, the main problem is the CO2 because of volumes and amounts emitted. Kyoto Protocol has identified six main gases as:

Carbon dioxide (CO2);

Methane (CH4);

Nitrous oxide (N2O);

Hydrofluorocarbons (HFCs);

Perfluorocarbons (PFCs);

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Sulphur hexafluoride (SF6)

Figure 2.5 shows the relative impact of various gases on climate change with CO2 forming the main constituent globally

Figure 2.5: Types and relative important of GHG emissions globally [Wikipedia website]

In the case of shipping the above picture changes with CO2 taking much more prominence role. According to IMO Third GHG Study 2014, Table 2.1 shows the shipping GHG emissions relative importance.

Table 2.1: Bottom-up CO2e (CO2 equivalent) emissions estimates for international shipping (thousand tonnes) [Third IMO GHG Study 2014]

As can be seen, CO2 is the overwhelming shipping GHG emission (about 97.5% for 2012); and this is the reason why IMO has concentrated on CO2 in order to address the shipping impact on climate change. As shipping currently exclusively uses fossil fuel (with the exception of nuclear powered naval ships), reduction of fossil fuel usage in shipping is the main route to control of GHG emissions from ships. This control and reduction of usage of fossil fuels is normally referred to as “energy efficiency” within the context of the IMO regulatory framework as will be discussed later.

2.4 Other non-combustion related air emissions

A large number of compounds emitted into atmosphere (other than those resulting from fuel combustion above) may be regarded as air emissions. These are:

Ammonia (NH3) and nitrous acids

H2S as well as sulphuric acid

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Sulphates and nitrates aerosols

Carbon monoxide (CO)

Hydrocarbon compounds - such as CH4 and VOC (Volatile Organic Compounds)

Ozone (O3) – Two kinds of Ozone coexist at lower and higher atmospheric layer; the former is bad and the latter is good

Fluorocarbon and Chlorofluorocarbon compounds - such as CFC, PFC, SF6 and HFC

Halogen compounds - such as chlorides, fluorides and bromides

As indicated earlier, some of these compounds are regulated for safety or protection of ozone layer within the shipping context as their contribution to global warming is relatively insignificant in shipping.

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3 Climate system and global warming

3.1 Overview

The climate is usually defined as the average weather over long term periods. Or in a more scientifically accurate way, the climate can be defined as “the statistical description in terms of the mean and variability of relevant quantities over a period of time” (WMO Website definition). So, the climate differs from the weather which is of chaotic nature and barely predictable; otherwise only on a short time basis. The climate thus refers to an average image of the weather over time inside which the extreme short-term events are obviously invisible.

The climate is a whole system which combines numerous interaction and retroactions between various complex subsystems: the atmosphere, oceans, land, ice and snow, living creatures including human beings and their activities (IPCC, 2007).

The dynamics of the earth climate are impacted by the alteration of each of the following system:

The atmosphere (i.e. gases);

The hydrosphere (i.e. the waters);

The lithosphere (i.e. solid layer of earth);

The cryosphere (i.e. frozen waters); and

The biosphere (i.e. the living).

These intertwined elements form and influence the climate system which in return influences them. A permanent retroactive feedback connects the whole and the parts of the climate system (Berkes et al., 2003). In such complex and dynamic system of interactions, there is no permanent stability. Figure 3.1 shows such a complex interactions schematically.

Figure 3.1: Schematic view of the components of the climate system, their processes and interactions [IPCC Fourth Assessment Report, Climate Change 2007 (AR4) WG I]

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In such a complex system of interactions, the alteration of one system would affect the whole set patterns. The modification of the atmospheric properties affects the other systems which by retroaction influence again the atmosphere. As an example, the global warming increases the ice melting which retroactively increases the warming effect by reducing the radiation reflection of the sun. It is this huge impact of global warming that gives so much prominence and urgency to control of climate change.

3.2 Greenhouse Gas (GHG) emissions and climate change

The GHG emissions act as a blanket for the earth, leading to warming of the planet (see Figure 3.2). The existence of GHG in the stratosphere is highly valuable because they reflect back the energy of the infrared emitted by the earth surface. Without such effect, the planet would be too cold. The GHG represent a tiny fraction of the atmosphere, less than 1%. Except purely man-made chemicals like CFCs and HFCs, the GHG emissions naturally, and from natural sources, are present in the atmosphere.

The issue of GHG is not their presence in the atmosphere but their quantity and concentrations which affects the level of temperature at the Earth’s lower atmospheric layers. Ideally and to sustain human life on earth, not too much warming and not too much cooling is desirable.

Figure 3.2: An idealised model of the natural greenhouse effect [Source: IPCC AR4 WG I]

Presently and with support of scientific evidence, the man-made air emissions perturb the long-term established atmospheric general equilibrium and the mechanisms which increase the warming effect on the climate tend to overwhelm the others. With the rise of the anthropogenic sources of GHG and the perturbation of the natural sinks – e.g. forests, sea and land; the amount of GHG present in the atmosphere increases and, therefore, amplify the GHG effect and the warming of the planet.

“Global atmospheric concentrations of carbon dioxide, methane and nitrous oxide have increased markedly as a result of human activities since 1750 and now far exceed pre-industrial values determined from ice cores spanning many thousands of years (see Figure 3.3). The global

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increases in carbon dioxide concentration are due primarily to fossil fuel use and land use change, while those of methane and nitrous oxide are primarily due to agriculture.” (IPCC, 2007c)

Figure 3.3: Evolution of atmospheric concentration of a number of GHG emissions [IPCC (2007a)]

The impact of the industrial era on the GHG amount in the air shows an increment of around 25% for CO2, 120% for CH4 and 9% for N2O (IPCC, 2007) as shown in Figure 3.3.

3.3 Main GHG emissions

The main GHG heat-trapping gases are:

Carbon dioxide (CO2): According to IPCC, this gas influences the most the global warming (IPCC, 2001) because of the quantities released and its lifetime in the atmosphere. However, as a natural compound, the carbon dioxide belongs to a large carbon circulation between land, atmosphere and oceans in which carbon sources (release) and carbon sinks (capture) co-exists (see Figure 3.4).

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Figure 3.4: Major Carbon pools and fluxes of the global carbon balance [FAO website]

Main sources of human-related CO2 emissions are fossil fuels burned for electricity generation, transportation, and industrial and household uses, by-product during the manufacturing of cement, and deforestation.

“Globally, over the past several decades, about 80 percent of human-induced carbon dioxide emissions came from the burning of fossil fuels, while about 20 percent resulted from deforestation and associated agricultural practices. The concentration of carbon dioxide in the atmosphere has increased by roughly 35 percent since the start of the industrial revolution.” (Karl T.L. et. al., 2009)

The fuel used releases CO2 in the atmosphere supplementing the existing carbon cycle and the CO2 present in the air. In addition, deforestation, land-use change and soil degradation are affected by human activities which reduce their abilities to capture carbon as sinks. Moreover, there are serious uncertainties in the capacity of the ocean to retain increasing amount of CO2.

Methane (CH4): Main sources of human-related CH4 emissions are: agriculture and livestock, mining, transportation, and use of certain fossil fuels, sewage, oil and gas production and processing, and decomposing garbage in landfills. Methane quantities in the air are far less than the CO2 but its warming capacity is very high despite its short lifetime.

Nitrous oxide (N2O): The industrial farming using large quantities of fertilizers accounts for the majority of the Nitrous oxide release. The second position is taken by the combustion of the fossil fuels.

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Halocarbon (CFCs, HCFCs, ..): They are non-natural but manufactured compounds. They are extensively used as refrigerants but may be found in other industrial processes. Despite their very low concentration in the air, their radiative forcing effect is important and they may remain active for a very long time:

“Therefore, these compounds, even with relatively small emissions, have the potential to influence climate far into the future. For example, Perfluoromethane (CF4) resides in the atmosphere for at least 50,000 years.”(IPCC, 2001)

Their quantities seemed to have peaked in 1994, and are now declining slowly. The regulations on Ozone Depleting Substances (ODS) contribute to this decay.

Other gases like ozone or water vapour have GHG properties. In addition, the particulate matters emitted in the atmosphere may have varying properties and “depending on their type, aerosols can either mask or increase the warming caused by increased levels of GHGs.” (Karl T.L. et. al., 2009)

3.4 Climate change impacts on oceans

The global warming and the air substances absorbed by the oceans deeply affect their health. Ecosystems and habitats are disturbed by the modification of the ocean properties in relation with the absorbing of air emitted compound and global warming. Another consequence of the warming is the ocean dilatation and sea-level rise which endangers the coastal ecosystems and accelerates erosion.

In addition, the carbon dioxide combined with other atmospheric compounds possesses another important impact: oceans acidification. As part of the natural carbon cycle, oceans absorb the CO2. While the CO2 increases in the air, its amount dissolved in the oceans increases. In the sea water, the CO2 reacts with H2O and forms carbonic acid and the overall acidification process of the ocean begins.

“As pointed out by Hunter et al. (2011), “the acidification of the surface ocean by anthropogenic carbon dioxide (CO2) absorbed from the atmosphere is now well-recognized and is considered to have lowered surface ocean pH by 0.1 units” (corresponding to an approximately 25% increase in the acidity of the surface oceans) since the mid-18th century.”(GESAMP, 2012)

The present rate of increase in ocean acidification has no precedent for the last 30 million years. The high speed acidification may impair the ability of many organisms to cope with changing oceanic properties.

“Ocean acidification is known to have significant impacts on ocean areas, including reduced ability of many key marine organisms, including calcareous phytoplankton, the base of much of the marine food chain, to build their shell and skeletal structures; increased physiological stress, reduced growth and survival of early life stages of some species.”(IOC/UNESCO, 2011).

Despite the worrying effects of the global warming and atmospheric changes and alteration, there remain a large number of uncertainties lying in the complexity of ecosystems and social world.

For example, the impact of the CO2 is particularly difficult to predict because it belong to the carbon circulation system of the planet and; the land and ocean feedbacks to increasing concentration of CO2 remain uncertain. The future releases into the atmosphere are not completely predictable because they largely depend on the evolution of the economic and social choices.

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4 Combating air pollution: the role of international bodies

4.1 Growth of concerns on air pollution

One of the first international definitions of air pollution was developed in 1979 by the European agreement on Convention on Long-Range Transboundary Air Pollution (1979 LRTAP). The Convention evoked the geographical origins of the pollution and did not restrict the State’s responsibility to national territorial limits. Through an open definition and broad fundamental principles, it was intended to address the issue at a large scale and to encourage Parties (members of the Convention) to cooperate for the control of harmful pollutants emitted into the atmosphere.

A later definition was established in 1985. The Vienna Convention for the Protection of the Ozone Layer, introduced the idea that the adverse impacts of air pollutants may affect the global climate as well as the ecosystems, their resilience and mechanisms.

In 1992, the United Nation Framework Convention on Climate Change (UNFCCC) adopted a very similar definition which in fact extended the concept of air emissions to their effects on global climate and ecosystems alterations.

1979 LRTAP Convention:

Article 1: Definitions

(a) “Air Pollution” means the introduction by man, directly or indirectly, of substances or energy into the air

resulting in deleterious effects of such a nature as to endanger human health, harm living resources and

ecosystems, material property and impair or interfere with amenities and other legitimate uses of the

environment, and “air pollutants” shall be construed accordingly;

(b) “Long-range transboundary air pollution” means air pollution whose physical origin is situated wholly or

in part within the area under the national jurisdiction of one State and which has adverse effects in the area

under the jurisdiction of another State ……….

Article 2: Fundamental principles

The Contracting Parties, taking due account of the facts and problems involved, are determined to protect

man and his environment against air pollution and shall endeavour to limit and, as far as possible, gradually

reduce and prevent air pollution including long-range transboundary air pollution.

Article 3:

The Contracting Parties, within the framework of the present Convention, shall by means of exchanges of

information, consultation, research and monitoring, develop without undue delay policies and strategies

which shall serve as a means of combating the discharge of air pollutants, taking into account efforts already

made at national and international levels.

1985/2002 Vienna Convention for the Protection of the Ozone Layer:

Article 1

2. “Adverse effects” means changes in the physical environment or biota, including changes in

climate, which have significant deleterious effects on human health or on the composition,

resilience and productivity of natural and managed ecosystems, or on materials useful to mankind.

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The next step was the clear identification of the main drivers of the air pollution. Such drivers are established in many UN documents.

The WHO, on its website, merges the definitions and focuses on the impact on human health.

According to these definitions by various UN bodies, the climate change and air pollution forms the two sides of a coin; representing the undesirable impacts of air emissions.

4.2 Historical developments

The great smog in UK and USA during the 1950s and 1960s, the groundings of Torrey Canyon (1967) and Amoco Cadiz (1978), damages related to acid rain in the 1970s, the release of poisonous chemicals in Bhopal (1982) and the nuclear accident of Chernobyl (1986), etc. demonstrate the rising “risk to society” of modern industrial activities. The existence of such risks plus wider evidences of impacts of air emissions on human health, global temperature and ecosystem have fully shifted the individual and social perceptions of risks and particularly of those affecting the environment.

In global risks context, local and national regulations could be deemed ineffective and insufficient as this needs a global response. The progressive recognition of this context offered opportunities to the United Nations bodies to drive adequate international governance.

In the 1970s, the presence of acid rain led to realisation of the magnitude of air pollution and triggered the necessity to build a cooperative agreement. Acid rain is formed when large quantities of NOx and SOx released in the air, react with water vapour or rain water and form acids. The inability to control when and where acid rain impacts the environment forced regulators to identify pollution sources

1992 UNFCCC:

Article 1:

1. "Adverse effects of climate change" means changes in the physical environment or biota resulting

from climate change which have significant deleterious effects on the composition, resilience or

productivity of natural and managed ecosystems or on the operation of socio-economic systems or

on human health and welfare.

2. "Climate change" means a change of climate which is attributed directly or indirectly to human

activity that alters the composition of the global atmosphere and which is in addition to natural

climate variability observed over comparable time periods.

“Quantitatively, the three important life cycles, namely, the sulphur cycle, the nitrogen cycle and the

carbon cycle, play a big role in contributing to air pollutants and also as sinks of excess of these

gases.” (UNEP/UNDP/DUTCH, 1999)

“Air pollution is contamination of the indoor or outdoor environment by any chemical, physical or biological agent that modifies the natural characteristics of the atmosphere. Household combustion devices, motor vehicles, industrial facilities and forest fires are common sources of air pollution. Pollutants of major public health concern include particulate matter, carbon monoxide, ozone, nitrogen dioxide and sulfur dioxide. Outdoor and indoor air pollution cause respiratory and other diseases which can be fatal. ”http://www.who.int/topics/air_pollution/en/

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contributing to the creation of acid rain. Once identified, those sources could be controlled through the regulatory process.

In 1972, the United Nations Conference on the Human Environment (UNCHE) adopted a body of principles which would later support international instruments. Examples of these principles are:

Principle 2 recalls the importance of preserving the present “resources of the earth” for the future.

Principle 21 sets out that States should “ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.”

The latter principle 21 provided the grounds for governing the International responsibility of States with regard to the environment (Zaelke, Durwood & Cameron, 1990). This principle is also echoed in U.N. General Assembly Resolution 3281 , in Article 30 of the Charter of Economic Rights and Duties of States, and in Article 194(2) of the 1982 UNCLOS (United Nations Convention on the Law of the Sea), which provides:

“States shall take all measures necessary to ensure that activities under their jurisdiction or control are so conducted as not to cause damage by pollution to other states and their environment, and that pollution arising from incidents or activities under their jurisdiction or control does not spread beyond the areas where they exercise sovereign rights in accordance with this Convention.”

In 1982, the Third United Nations Conference on the Law of the Sea integrated some of the UNCHE principles into the UNCLOS, particularly in Part XII (provisions on prevention of pollution of the marine environment).

In parallel to the international law development, the first legally binding instrument to address air pollution was adopted in 1979 under the auspices of the United Nations Economic Commission for Europe (UNECE). The 1979 Convention on Long Range Transboundary Air Pollution (LRTAP) entered into force in 1983.

In February 1979, the First World Climate Conference was organized by the World Meteorological Organization (WMO) as a major scientific meeting. The international gathering made an appeal to Nations: “*…+ the Conference finds that it is now urgently necessary for the nations of the world: *…+ (c) to foresee and prevent potential man-made changes in climate that might be adverse to the well-being of humanity” and recalled the importance of acting internationally for the climate:

“The climates of the countries of the world are interdependent. For this reason and in view of the increasing demand for resources by the growing world population that strives for improved living conditions, there is an urgent need for the development of a common global strategy for a greater understanding and a rational use of climate. *…+ There is serious concern that the continued expansion of man’s activities on earth may cause significant extended regional and even global changes of climate. This possibility adds further urgency to the need for global co-operation to explore the possible future course of global climate and to take this new understanding into account in planning for the future development of human society.” (The Declaration of the World Climate Conference, 1979).

The early 80s discovered the global consequences of the air emission through the development of the Ozone Holes above poles. This global threat was directly addressed at an international level that lead to Montreal Protocol on Ozone Depletion issues. Adopted in 1985, the Vienna Convention for the

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Protection of the Ozone Layer is a framework Convention aimed to address the issue of the ozone depletion.

The adoption of the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987 (entered into force on January 1, 1989) enabled binding implementation of the Convention’s provisions. These instruments are considered the first action towards the control of substances impairing global atmosphere balance. The Protocol banned man-made compounds known as stratospheric Ozone Depleting Substances (ODSs). These substances increased ultraviolet radiation at Earth’s surface as a result of damage to ozone layer; that was observed as “ozone hole” above the Earth’s polar regions. ODSs have also significant global warming effect; thus their control also positively impacts the control of climate change.

The Montreal Protocol has had lasting impact in both protecting the ozone layer and reducing climate change.

“Since most ODSs are also potent greenhouse gases, actions under the Montreal Protocol have had the very positive side effect of substantially reducing a main source of global warming.” (UNEP, 2011)

Efforts during the 1970s and 1980 produced multiple international regulatory instruments to protect air quality. These instruments aimed to control identified substances but did not intend to holistically address the issue of climate change. In parallel to the creation of such instruments, several international conferences were organized on climate change but no internationally binding instrument was adopted.

4.3 The United Nations Environment Programme (UNEP)

Another important outcome of the UNCHE was the creation of the United Nations Environment Programme (UNEP), whose mandate is to coordinate the global response to established and emerging environmental challenges. The need for such an organization is clearly expressed in the UN Resolution 2997. The mission statement of UNEP is:

“To provide leadership and encourage partnership in caring for the environment by inspiring, informing, and enabling nations and peoples to improve their quality of life without compromising that of future generations.”1

UNEP activities cover the atmosphere, marine and terrestrial ecosystems, environment governance and green economy. After the Brundtland Report ‘Our Common Future’ and its validation during the ‘Rio Summit’ in 1992, the concept of sustainable development took centre stage in the UNEP’s research and policy activities.

In the field of climate change, the UNEP supports countries and, in particular, developing nations with integrating the climate problem in their domestic development process. Four elements foster the achievement of this objective:

Adapting to climate change: The purpose is to reduce vulnerability and improve resilience.

Mitigating climate change: The UNEP supports technologies, policies and investments designed to reduce GHG emissions as well as energy efficiency and conservation programs.

Reducing emissions from deforestation and forest degradation: The purpose is to valorize forests and sinks as well as promoting sustainable management of forest ecosystems.

1 UNEP,http://www.unep.org/Documents.Multilingual/Default.asp?DocumentID=43

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Enhancing knowledge and communication: The UNEP support education and awareness programs.

4.4 Intergovernmental Panel on Climate Change (IPCC)

Created under the auspices of the UNEP and the WMO, the Intergovernmental Panel on Climate Change (IPCC) was endorsed by the UN in 1988. The objective was to build an internationally recognized structure capable to regularly monitor and diagnose the evolution on the climate system and its consequences. Its mission is to review [UN, 1988]:

a. The state of knowledge of the science of climate and climatic change; b. Programmes and studies on the social and economic impact of climate change, including

global warming; c. Possible response strategies to delay, limit or mitigate the impact of adverse climate

change; d. Identification and possible strengthening of relevant existing international legal

instruments having a bearing on climate; and e. Elements for inclusion in a possible future international convention on climate.

In other words, the purpose of the IPCC is to provide a clear scientific view on climate change and its potential environmental and socio-economic consequences as well as propose control measures and solutions. IPCC is thus the ultimate expert authority on environmental issues in particular those related to climate change. The IPCC gathers the data published worldwide and produces assessments reports on the situation of climate change. Thousands of scientists participate in the IPCC in order to provide accurate, rigorous and reliable data to policy makers.

In 1990, the IPCC published its First Assessment Report (AR1-1990) with subsequent Assessment Reports at planned intervals. The most prominent one was the Fourth Assessment Report 2007 (AR4-2007). Assessment Reports are part of a series of reports intended to assess scientific, technical and socio-economic information concerning climate change, its potential effects, and options for adaptation and mitigation. The report is the largest and most detailed summary of the climate change situation ever undertaken, produced by thousands of authors, editors, and reviewers from dozens of countries, citing over 6,000 peer-reviewed scientific studies.

AR4-2007 supersedes the Third Assessment Report (2001), and in turn was superseded by the Fifth Assessment Report 2014 (AR5-2014). The headline findings of the AR4 were:

"warming of the climate system is unequivocal", and "most of the observed increase in global average temperatures since the mid-20th century is very likely due to the observed increase in anthropogenic greenhouse gas concentrations."

The IPCC’s AR5-2014 (Fifth Assessment Report) was released in four principal sections that reflect the contributions of the following IPCC’s Working Groups:

Contribution of W/G I (WGI): The Physical Science Basis

Contribution of W/G II (WGII): Impacts, Adaptation and Vulnerability

Contribution of W/G III (WGIII): Mitigation of Climate Change

Contribution of W/G I, II, and III: The Synthesis Report (SYR)

The AR5-2014 puts greater emphasis on assessing the socio-economic aspects of climate change and its implications for sustainable development. Some new features of AR5 as a whole include:

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A new set of scenarios for analysis across Working Group contributions;

Dedicated chapters on sea level change, carbon cycle and climate phenomena;

Much greater regional detail on climate change impacts, adaptation and mitigation interactions; inter- and intra-regional impacts; and a multi-sector synthesis;

Risk management and the framing of a response (both adaptation and mitigation), including scientific information relevant to Article 2 of the UNFCCC referring to the "...stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system".

The reports issued by the IPCC have to be endorsed during its plenary session by the governments’ representatives which, subsequently, validate the scientific authority of the IPCC. However, despite its policy relevance, the work completed by the IPCC is not prescriptive. In addition to these assessments, the IPCC provides expertise to the Conference of the Parties (COPs) to the UNFCCC that is held annually, and other bodies as requested.

4.5 The United Nations Framework Convention on Climate Change (UNFCCC)

After years of intensive negotiation through the Intergovernmental Negotiating Committee on Climate Change, the United Nations Framework Convention on Climate Change (UNFCCC) was adopted and opened for signature in 1992 in the Rio Summit (also known as Earth Summit). The UNFCCC entered into force in March 1994.

This Convention was drafted in accordance with the format designed for the Vienna Convention for the Protection of the Ozone Layer. The UNFCCC is another framework Convention which focuses on promoting cooperation by means of systematic observations, research and information exchange on the effects of human activities on climate, and adopting legislative or administrative measures against activities likely to have adverse effects. This instrument does not set precise objectives. It is the reason why such a framework Convention is followed by Protocols detailing obligations such as Kyoto Protocol.

The UNFCCC was adopted on the following grounds:

Climate change is a common concern of human kind requiring a global response;

Human activities increase GHG emissions;

Historically, developed countries played the first role in GHG release and should act immediately;

Developing countries have a high degree of reliance on fossil fuels and may have difficulties addressing GHG issues. In addition, sustainable social and economic development of these countries may need additional energy consumption;

Predictions have to deal with numerous uncertainties;

States have the responsibility to make sure the activities under their jurisdiction do not harm other areas (UNCHE, 1972 - Principle 21); and

The protection of the climate must encompass the environmental, social and economic impacts of the measures taken and be science-based.

The objective of the Convention (Article 2) is to prevent Climate System alteration by stabilizing GHG to a harmless level in order to avoid ecosystem disruption and economic disturbance. Among the guiding principles (Article 3) set in the UNFCCC, the following may be mentioned:

- The UNFCCC introduces the notion of “common but differentiated responsibilities (CBDR)” and respective capabilities. Based on principle of CBDR, the available capacity and historical contribution is linked to the evolution of a particular problem. Consequently, the Convention

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defines obligations for all Parties and specific requirements for developed countries which are listed in the Annex I & II (These are referred to Annex I and Annex II countries).

- The precautionary principle is highlighted by recalling that the lack of scientific data should not inhibit action.

- Sustainable development remains a guiding principle. - The open international economic system should be promoted and measures implemented to

combat climate change should not justify restrictions on international trade.

Despite these declarations, the commitment does not require imperative GHG release reduction. The requirements imposed on States are limited to commitments (Article 4) and communication regarding implementation (Article 12). In short, all Parties have to:

Develop and communicate to the Conference of Parties a “national inventory of anthropogenic emissions by sources and removals by sinks”.

Commit to develop and communicate the measures related to GHG control.

Promote “technology transfer and the sustainable management, conservation, and enhancement of greenhouse gas sinks and reservoirs (such as forests and oceans).” (UNEP/UNFCCC, 2002)

Consider climate change in social, economic and environmental policy development.

Cooperate in sciences, techniques and education as well as exchange information related to climate change.

Promote public awareness and education.

Following the CBDR principle, the developed countries have to commit to additional requirements:

They must play a leading role and demonstrate their commitment by developing measures and creating adequate strategies to reduce GHG emission.

Their policies should aim at returning to their 1990’s GHG emission level.

Several countries may join to pursue a common target.

The countries in transition to market economy benefit from certain flexibility in the implementation.

The richest nations shall provide additional funding and facilitate technology transfer.

The UNFCCC “supreme body” is the Conference of the Parties (COP) which meets every year. The COP is a large forum for debates and information exchange; beneficial for all participants. The COP plays an important role in promoting, reviewing and supporting the Convention and its members that need support to implement regulations. In addition to the normal discussion, the COP may develop and adopt a protocol, like in 1997 during the 3rd COP in Kyoto for mandatory reduction of GHG emissions; this is known as Kyoto Protocol.

4.6 The Kyoto protocol

The first COP held in 1995 in Berlin issued a decision emphasizing the need to continue the effort of GHG reduction after 2000 and to determine stronger and more detailed commitment for developed countries. The Kyoto Protocol concluded a first part of the negotiation process initiated in Berlin. The completion of the discussions has been achieved during the COP 7 (2001) in Marrakesh when the detail of the implementation measures rules for the Protocol was agreed.

The Kyoto Protocol set binding emission targets for the developed countries in Annex I in order to pursue the ultimate objective of the UNFCCC: “with a view to reducing their overall emissions of such gases by at least 5 per cent below 1990 levels in the commitment period 2008 to 2012.”(Article 3)

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In addition, the Annex B of the Kyoto Protocol under the “quantified emission limitation or reduction commitment” contains the targets to be reached by individual countries. The GHG emissions are categorised as six main item including CO2, CH4, N2O, HFCs, PFCs and SF6.

To reach their targets, countries can reduce their emission and/or offset their emissions by investing in carbon sinks which generates removal units. To facilitate this, the Kyoto Protocol introduces three innovative mechanisms:

Joint Implementation

Clean Development

Emission Trading

These mechanisms were designed to limit the cost of mitigation measures by permitting the investment in other countries (both Annex I and non-Annex I) in which emission reduction can be achieved at cheaper costs. However, such offset strategies of emission reduction in other countries must supplement domestic actions and not being the main objective of the country.

International transportation (shipping and aviation) and Kyoto Protocol

The existence of specialized agencies in charge of air and sea transportation avoided the UNFCCC and the Kyoto Protocol to establish specific rules or targets for these sectors. Instead, the Kyoto Protocol clearly identifies the responsibility of relevant special agencies in dealing with the issue in its Article 2.2 by stating:

“2. The Parties included in Annex I shall pursue limitation or reduction of emissions of greenhouse gases not controlled by the Montreal Protocol from aviation and marine bunker fuels, working through the International Civil Aviation Organization and the International Maritime Organization, respectively.” (Kyoto Protocol, Article 2.2)

Accordingly, the International Civil Aviation Organization (ICAO) and the International Maritime Organization (IMO) are required to pursue the objectives and intentions defined by the UNFCCC. Both ICAO and IMO have been heavily involved on issues relating to control of climate change and GHG emissions from aviation and maritime respectively.

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5 IMO Response: Maritime Environmental Regulatory Framework

International shipping is ruled by a set of international legal and regulatory frameworks. In this section, such regulatory frameworks are defined with a focus in understanding the shipping impact on climate change and the various provisions developed through the IMO to address this issue.

The marine related international regulations to address the consequences of air emissions can be found in the UNCLOS and in the IMO MARPOL regulations. The UNCLOS regulations form the basis of the international law regulating the seas, while the IMO specifically regulates the international shipping. Both develop comprehensive regulatory regimes to be enforced by States.

5.1 UNCLOS (United Nations Convention on the Law of the Sea) regulations and environment

As previously mentioned, the UNCLOS possesses extensive references to the protection of the environment. In its preamble, the UNCLOS recalls the importance to:

“Promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment.”

In addition to this statement, a complete part of the text is dedicated to the protection of the environment. Part XII reflects the main objectives of the UN in terms of environmental protection which occurred in parallel to the extensive negotiations to develop the UNCLOS. The most significant articles demonstrating the importance of State responsibility to protect the environment are presented below:

Article 192: “General obligation

States have the obligation to protect and preserve the marine environment”

Article 194: “Measures to prevent, reduce and control pollution of the marine environment

*…]

2. States shall take all measures necessary to ensure that activities under their jurisdiction or control are so conducted as not to cause damage by pollution to other States and their environment, and that pollution arising from incidents or activities under their jurisdiction or control does not spread beyond the areas where they exercise sovereign rights in accordance with this Convention.”

Article 195: “Duty not to transfer damage or hazards or transform one type of pollution into another

In taking measures to prevent, reduce and control pollution of the marine environment, States shall act so as not to transfer, directly or indirectly, damage or hazards from one area to another or transform one type of pollution into another.”

Article 197: “Cooperation on a global or regional basis

States shall cooperate on a global basis, an as appropriate, on a regional basis, directly or through competent international organizations, in formulating and elaborating international rules, standards and recommended practices and procedures consistent with this Convention, for the protection and preservation of the marine environment, taking into account characteristic regional features.”

Article 204: “Monitoring of the risks or effects of pollution

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1. States shall, consistent with the rights of other States, endeavour, as far as practicable, directly or through the competent international organizations, to observe, measure, evaluate and analyse, by recognized scientific methods, the risks or effects of pollution of the marine environment.

2. In particular, States shall keep under surveillance the effects of any activities which they permit or in which they engage in order to determine whether these activities are likely to pollute the marine environment.”

Article 212: “Pollution from and through the atmosphere

1. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from or through the atmosphere, applicable to the air space under their sovereignty and to the vessels flying their flag or vessels or aircraft of their registry, taking into account internationally agreed rules, standards and recommended practices and procedures and the safety of air navigation.

2. States shall take other measures as may be necessary to prevent, reduce and control such pollution

3. States, acting especially through competent international organizations or diplomatic conference, shall endeavour to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control such pollution.”

In addition, various articles deal with the enforcement mechanisms by Flag State (Article 217), Port State (Article 218) and Coastal State (Article 220).

In short, the UNCLOS recalls:

- The States duties to protect the environment and responsibility not to harm others. - The measures developed should not transfer the damage or risks. - The global and regional cooperation are paramount in environmental protection. - The risks and effects of pollution must be assessed scientifically. - The air pollution is an established concern. - Compliance Monitoring and Enforcement systems have to be developed to verify the

compliance of the activities.

UNCLOS demonstrates the importance of protecting the environment and developing proper enforcement mechanisms which can be materialized through certification and inspection regimes.

5.2 Overview of the IMO structure

In 1948, a UN body in charge of maritime affairs was created. The International Maritime Organization (IMO) acquired its final name in 1982. The IMO presently consists of an Assembly, a Council, a number of Committees and a Secretariat.

The structures of the IMO and its secretariat can be simplified as shown in Figure 5.1:

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Figure 5.1: IMO and its secretariat structures

The aims of the IMO are summarized in the Article 1 of its constitutive Convention:

“(a) To provide machinery for co-operation among Governments in the field of governmental regulation and practices relating to technical matters of all kinds affecting shipping engaged in international trade; to encourage and facilitate the general adoption of the highest practicable standards in matters concerning the maritime safety, efficiency of navigation and prevention and control of marine pollution from ships; and to deal with administrative and legal matters related to the purposes set out in this Article;

(b) To encourage the removal of discriminatory action and unnecessary restrictions by Governments affecting shipping engaged in international trade so as to promote the availability of shipping services to the commerce of the world without discrimination; assistance and encouragement given by a Government for the development of its national shipping and for purposes of security does not in itself constitute discrimination, provided that such assistance and encouragement is not based on measures designed to restrict the freedom of shipping of all flags to take part in international trade;

(c) To provide for the consideration by the Organization of matters concerning unfair restrictive practices by shipping concerns in accordance with Part II;

(d) To provide for the consideration by the Organization of any matters concerning shipping and the effect of shipping on the marine environment that may be referred to it by any organ or specialized agency of the United Nations;

(e) To provide for the exchange of information among Governments on matters under consideration by the Organization.”

For environmental purposes, the IMO have to support the enforcement of highest practical standards as well as maintain a close link with other UN bodies on such matters. The IMO provides governing tools and policies but the implementation and enforcement of IMO tools falls in the hand of the member

ASSEMBLY

A

C

COUNCIL

MEPC

MARINE ENVIRONMENT

PROTECTION COMMITTEE

MSC

MARITIME SAFETY

COMMITTEE

FAL

FACILITATION

COMMITTEE

LEG

LEGAL

COMMITTEE

TC

TECHNICAL CO-OPERATION

COMMITTEE

The IMO structure

SECRETARY-GENERAL

MARITIME SAFETY

DIVISION

MARINE ENVIRONMENT

DIVISION

LEGAL DIVISION TECHNICAL

CO-

OPERATION

DIVISION

CONFERENCE

DIVISION

ADMINISTRATIVE

DIVISION

Office of the Secretary-

General

The IMO secretariat

structure

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States and their governments. “The IMO’s role is thus primarily to adopt legislation, while enforcement lies with the Contracting Governments (the flag States).”(IMO, 2009)

5.3 IMO commitment to environmental protection

Since 1959, the IMO has proactively taken responsibility for the issues related to pollution by shipping. The Organization supports the development of regulations aiming to prevent pollution to the marine environment and addresses the introduction of technologies and specifics as defined by the UNCLOS:

Article 1. “(4) “pollution of the marine environment” means the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuary, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities;”

Article 196 “States shall take all measures necessary to prevent, reduce and control pollution of the marine environment resulting from the use of technologies under their jurisdiction or control, or the intentional or accidental introduction of species, alien or new, to a particular part of the marine environment, which may cause significant and harmful changes thereto.”

Maritime Environment Protection Committee (MEPC) is the IMO committee in charge of addressing the environmental issues for the IMO (see Figure 5.1). This Committee is supported by Sub-Committees sometimes shared with the Maritime Safety Committee. Also, the MEPC sets up working groups that deal with various items of its agenda (e.g. ballast water, air pollution, GHG emissions, etc.). The Committees and its working groups are supported by the IMO Secretariat that deals with all related administrative aspects.

The MEPC may issue circulars and resolutions as well as draft resolutions to be adopted by the Assembly. The MEPC meets three times over two years (twice 1st year and once second year). During the MEPC sessions, various working groups or correspondence groups may be established to address particular issues. All States represented at the IMO may participate to discuss the issues related to pollution prevention and control as well as industry representatives and NGOs (Non-Governmental Organisations). Decisions are normally reached through consensus but if there is a need for voting, only Parties to relevant Convention (e.g. MARPOL Annex VI, Ballast Water Management) are eligible to cast their votes.

The IMO’s Marine Environment Division supports the MEPC and deals on a daily basis with relevant environmental issues but above all supports the working of MEPC and other IMO divisions in related areas. Today, the IMO regulations cover the whole ship’s pollution risks as presented in Figure 5.2. Specifically, IMO deals with the following Conventions:

MARPOL Convention dealing with various types of pollutions (see Section 5.4 for details)

Anti-Fouling System Convention, entered into force in 2008, prohibits the use of harmful organotin compounds in anti-fouling paints used on ships and establishes a mechanism to prevent the potential future use of other harmful substances in anti-fouling systems. Anti-fouling systems to be prohibited or controlled are listed in the Convention.

Ballast Water Management Convention entitled “International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM)” was adopted in 2004 and awaits at this point in time (2015) ratification by enough member states. It aims to prevent the spread of harmful aquatic organisms from one region to another, by establishing standards and procedures for the management and control of ships' ballast water and sediments.

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Hong Kong Convention entitled “International Convention for the Safe and Environmentally Sound Recycling of Ships” was adopted in 2009 and awaits at this point in time (2015) ratification by enough member states. It aims at ensuring that ships, when being recycled after reaching the end of their operational lives; do not pose any unnecessary risk to human health and safety or to the environment.

London Convention entitled the "Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972", is dealing with dumping into marine environment and has been in force since 1975. Its objective is to promote the effective control of all sources of marine pollution and to take all practicable steps to prevent pollution of the sea by dumping of wastes and other matter.

Figure 5.2: IMO Conventions relating to the prevention of marine pollution relating to ship operations

As stated above, the latest Conventions adopted but not yet entered into force (in 2015 at the time of writing this Module) are the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004, and the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009.

The 1973 International Convention for the Prevention of Pollution from Ships (MARPOL) integrated the issue concerning the air pollution by ships in the Convention’s adoption of the 1997 Protocol creating the MARPOL Annex VI.

The IMO and its member States recognize the importance of the environmental protection which became over the years a major item of concern for the Organization. During his MEPC 63 speech on 27 February 2012, the IMO Secretary General Sekimizu stated:

“*…+ I see the promotion of sustainable shipping and sustainable maritime development as one of the major priorities of my tenure. *…+Rio+20 is an opportunity to launch a vision for

MARINE POLLUTION

Discharge of various types of

wastes, oil, chemical substances

AIR EMISSIONS / GLOBAL

WARMING SUBSTANCES

ODS, SOx, NOx, VOCs, GHG

DAMAGE TO ECOSYSTEMS

Harmful paints and coatings, alien

species carried by ballast water &

biofouling

PREVENTION OF DAMAGE AND

INJURIES RELATED TO THE

USE OF HAZARDOUS

MATERIAL IN SHIPBUILDING

MARPOL Annex

I-Oil / II- Noxious subs. in bulk / III-

Harmful subs. in package / IV- Sewage /

V- Garbage / VI- Air

Anti-fouling Systems Convention

Ballast Water Management

Convention

Hong Kong Convention for the

safe and environmentally sound

recycling of ships

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sustainable maritime development that will underpin future maritime developments within a green economy in which IMO should play a major and significant role.”

In addition, the IMO shows a strong willingness to address the issue of the climate change by promoting innovative regulations in the framework of the UN discussion on GHG emissions. This disposition has been demonstrated through the adoption of various instruments during MEPC 62 in 2011 and the intensive discussions on developing further technical and operational measures such as data collection system for ships as part of wider MRV (Monitoring, Reporting and Verification) debate.

“IMO will continue to make its contribution to global efforts to reduce greenhouse gas emissions within the context of the ongoing UN-wide debate on climate change. We will continue to co-operate closely with the United Nations Framework Convention on Climate Change and with other relevant UN bodies, as appropriate. Also in this context, IMO will evaluate the implications for shipping of any mechanism to be established for the envisaged Green Climate Fund and impress upon the UNFCCC that any contributions must be proportionate to shipping’s contribution to the global emission of greenhouse gases.

While participating in the Climate Change debate at the UN, IMO will proceed in parallel with its own programme of work. In this respect, it is encouraging that last December’s Durban Conference on climate change welcomed the progress made by IMO. “(IMO SG Mr. Sekimizu speech, 27 February 2012)

5.4 MARPOL Convention

The International Convention for the Prevention of Pollution from Ships (MARPOL) is the main international convention covering prevention of pollution of the marine environment by ships. It was adopted on 2 November 1973 at IMO and subsequently amended by its Protocol in 1978. The combined instrument entered into force on 2 October 1983. The Convention includes regulations aimed at preventing and minimizing pollution from ships, both accidental pollution and that from routine operations, and includes six technical Annexes:

Annex I - Regulations for the Prevention of Pollution by Oil (entered into force 2 October 1983): Covers prevention of pollution by oil from operational measures as well as from accidental discharges. The 1992 amendments to Annex I made it mandatory for new oil tankers to have double hulls and brought in a phase-in schedule for existing tankers to fit double hulls.

Annex II - Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk (entered into force 2 October 1983): Details the discharge criteria and measures for the control of pollution by noxious liquid substances carried in bulk; some 250 substances were evaluated and included in the list appended to the Convention; the discharge of their residues is allowed only to reception facilities until certain concentrations and conditions.

Annex III - Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form (entered into force 1 July 1992): Contains general requirements for the issuing of detailed standards on packing, marking, labelling, documentation, stowage, quantity limitations, exceptions and notifications. For the purpose of this Annex, the “harmful substances” are fully defined.

Annex IV - Prevention of Pollution by Sewage from Ships (entered into force 27 September 2003): Contains requirements to control pollution of the sea by sewage; the prohibition of discharge of sewage into the sea, approved sewage treatment plant, etc. with lots of details on the subject.

Annex V - Prevention of Pollution by Garbage from Ships (entered into force 31 December 1988): Deals with different types of garbage and specifies the distances from land and the manner in which they may

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be disposed of; the most important feature of the Annex is the complete ban imposed on the disposal into the sea of all forms of plastics.

Annex VI - Prevention of Air Pollution from Ships (entered into force 19 May 2005): Sets limits on sulphur oxide (SOx) and nitrogen oxide (NOx) emissions from ship exhausts and prohibits deliberate emissions of ozone depleting substances; sets designated Emission Control Areas with more stringent standards for SOx and NOx. A new chapter adopted in 2011 covers mandatory technical and operational energy efficiency measures aimed at reducing GHG emissions from ships.

A State to become a Party to MARPOL must ratify MARPOL Annexes I and II. The rest of Annexes are voluntary as far as membership to MARPOL Convention is concerned.

5.5 MARPOL Annex VI

MARPOL Annex VI is the latest added part to MARPOL Convention in 1997 that entered into force in 2005. Major modifications / amendments to MARPOL Annex VI occurred in 2008 on NOx Technical Code and 2011 with the insertion of a new Chapter 4 which deals with energy efficiency regulations for ships (effectively dealing with GHG emissions).

Therefore, today, the Annex VI encompasses air pollutants and GHG emissions combined. The regulations include also elements like bunker fuels, incinerators, reception facilities, Emission Control Areas, Ozone Depleting Substances, etc. The scope of MARPOL Annex VI is depicted in Figure 5.3.

Figure 5.3: Ship's air emissions regulated by MARPOL Annex VI

MARPOL Annex VI currently comprises of a number of chapters that are briefly described below with their encompassing regulations.

Chapter 1 – General: Introduces some of the basics of the Convention as well as certain useful definitions. Under this chapter, the following regulations are fully specified:

Engine related

emissions (NOx,

SOx, GHG) &

incineration

Equipment related emissions (ODS

- refrigerants & fire extinguishing

systems, incinerators)

Cargo related emissions

(VOCs on tankers)

Regulated by MARPOL ANNEX VI

Fuel quality and

availability

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Regulation 1 – Applications: This specifies the application domain of MARPOL Annex VI.

Regulation 2 – Definitions: This provides definitions for terms that have regulatory significance.

Regulation 3 - Exceptions and exemptions: This regulation describes the conditions under which a ship or a marine platform could be exempted from complying with MARPOL Annex VI.

Regulation 4 – Equivalents: This allows the use of alternative method of compliance and the conditions under which they will be acceptable.

Chapter 2 – Survey, certification and means of control: describe the survey requirements, certification system and control principles including port State control issues and violation detection and enforcement. Under this chapter, the following regulations are fully specified:

Regulation 5 - Surveys: This regulation describes the survey and inspection requirements.

Regulation 6 - Issue of endorsement of certificate: The rules for issuance of certificates, forms of certificates, etc. are specified under this regulation.

Regulation 7 - Issue of a certificate by another party: This regulation allows another Party to issue a certificate on behalf of a Party.

Regulation 8 - Form of certificates: The forms of various certificates are specified here.

Regulation 9 - Duration and validity of certificates: The duration and validity certificates are discussed under this regulation.

Regulation 10 - Port State control and operational requirements : The port State control aspects and relevant rules are explained in this regulation.

Regulation 11 - Detection of violation and enforcement : Specific aspects under which a ship could be detained are described under this regulation.

Chapter 3 – Requirements for control of emissions from ships: this chapter details the measures to address various air pollutants and important related issues as bunker management and incinerator. Under this chapter, the following regulations are fully specified:

Regulation 12 –Ozone-depleting substances (ODSs): This regulation prohibits deliberate release of ODSs and sets timeline for phasing out of certain ODSs.

Regulation 13 – Nitrogen oxides (NOx): This part of the Annex regulates the NOx emissions by ship for engines installed on ships constructed after 2000. Three tiers describe the NOx limits to be achieved after 2000, 2011 and 2016. In addition to the International Air Pollution Prevention (IAPP) Certificate, the ship must comply with the NOx Technical Code 2008, have an Engine International Air Pollution Prevention (EIAPP) Certificate and possesses NOx Technical File and a record book of engine parameters.

Regulation 14 – Sulphur oxides (SOx): This regulation sets maximum sulphur contents for fuels used on ships (3.50% after January 2012) and the concept of SOx emission control area (SECA) with the current designated SECAs as well as relevant sulphur limits.

Regulation 15 – Volatile Organic Compounds (VOCs): The regulation emphasizes on the need to reduce VOC releases occur during loading in oil ports and terminals. All oil tankers visiting such regulated ports/terminals (ports/terminals that are designated as VOCs control ports/terminals based on this regulations) must be equipped with collection systems and after 2010 a VOC management plan must be implemented.

Regulation 16 – Shipboard incineration: Incinerators have to be approved and meet the IMO standards. Various substances are prohibited to incinerate.

Regulation 18 – Fuel oil availability and quality: The regulation covers the availability, the quality, the supervision of suppliers, the PSC aspects, fuel sampling and sample retentions, the bunker delivery note, etc.

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The NOx Technical Code and some other IMO Resolutions support the implementation of this part of MARPOL Annex VI.

Chapter 4 – Regulation on energy efficiency for ships: This chapter 4 was developed to regulate energy efficiency of ships. It came into force in January 2013. Under this chapter, the following regulations are specified:

Regulations 19 – Application: This regulation specifies the application domain and scope of the Chapter 4 regulations.

Regulations 20 – Attained Energy Efficiency Design Index (Attained EEDI): This regulation specifies the requirements on Attained EEDI including the calculation processes and survey and verification aspects.

Regulations 21 – Required EEDI: This regulation deals with the Required EEDI, its calculation using reference lines and reduction factors and its calculation processes. Regulation 21.5 also makes provisions that the EEDI must not impair the safe maneuverability of the ships.

Regulation 22 - Ship Energy Efficiency Management Plan (SEEMP): This regulation specifies the requirement for ships to have a SEEMP on board and how the SEEMP should be developed.

Regulation 23 - Promotion of technical co-operation and transfer of technology relating to the improvement of energy efficiency of ships: This regulation emphasizes the importance to enhance technical cooperation and transfer of technology to support energy efficiency improvements on the world fleet, in particular for the benefit of developing countries.

A full description of Chapter 4 and supporting guidelines and processes are given in Module 2.

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6 IMO Response to control of GHG emissions from international shipping

6.1 Shipping GHG emissions context and IMO role

Growth of shipping transport

Around 90% of world trade is carried by the international shipping industry. Without shipping the import and export of goods for a modern and globalised world will not be possible. International shipping trade continues to expand, bringing benefits for producers and consumers across the world through competitive freight costs. There are over 50,000 merchant ships trading internationally, transporting every kind of cargo.

Shipping, world trade and the economy are very well intertwined and linked as clearly shown in Figure 6.1.

“Given that for shipping, all stands and falls with worldwide macroeconomic conditions, the developments in world seaborne trade mirrored the performance of the wider global economy.”(UNCTAD, 2011)

Figure 6.1: UNCTAD, Review of the Maritime Transport 2013

While shipping, in comparison to other transport modes, is the most efficient mode of cargo transport and was considered environmentally-friendly, the significant growth of seaborne trade and its externalities and societal costs have modified this perception. The growth of transportation by ships increased the energy consumed by shipping and, in spite of the improvement in the energy efficiency of ship engines, the global shipping emissions amplified quantitatively. This number and volume growth not only have implications for oceans as sea routes but also affects air quality in port areas and coastal zones.

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Finally, it should be noted that oceans cover 70% of our planet; and nearly 50% of the world’s population live in coastal areas. Therefore protection of the marine environment not only has implications for each country but also significant global benefits. This is especially true for environmental issues (in particular the GHG emissions) which is truly global in nature; and any benefits accrued at national level will fully contribute to the global benefits.

Responsibility under UN Framework Convention for Climate Change

As indicated before under UNFCCC and Kyoto Protocol (see Sections 4.5 and 4.6), the responsibility for dealing with GHG emissions from international shipping and aviation are given to the IMO and the ICAO respectively (see Figure 6.2).

Based on Article 2 of Kyoto Protocol:

“The Parties included in Annex I shall pursue limitation or reduction of emissions of greenhouse gases not controlled by the Montreal Protocol from aviation and marine bunker fuels, working through the International Civil Aviation Organization and the International Maritime Organization, respectively”

Figure 6.2: IMO responsibility within the international framework for control of GHG emissions [Reynolds

and Bazari, 2005]

As such and after the adoption of Kyoto Protocol, shipping could not stay away from the international efforts on GHG reduction. Work by IMO started in 1997, lead to a number of regulations and work still continues on further regulatory measures. The full chronological story of IMO activities is given in Section 6.5. Before that, IMO relevant studies will be introduced first. During the period 1997 till now, IMO conducted three major studies on GHG emissions from international shipping as explained in the following sections.

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6.2 First IMO GHG Study 2000

As an outcome of the 1997 MARPOL Conference, the decision to study CO2 emission from ship led to the launching of a complete study on the topic. Released in 2000, the first study constituted the initial step of deliberations about the development of new rules to address the GHG controls in shipping. This study, using data from 1996, estimated that ships emitted about 420 million tonnes of CO2 per year and thereby contributed about 1.8% of the world's total anthropogenic CO2 emissions that year.

The Study also stated that technical and operational measures have a limited potential for contributing to reduced emissions from ships if the increase in demand for shipping services and market requirement for increased speed and availability continued.

The main outputs of the study were:

Shipping is considered an efficient means of transportation compared to others.

It is difficult to assess with accuracy the overall impact of shipping - because of discrepancy in data concerning bunker figures and the uncertainties in the fuel consumption models.

The impact of air emission should include NOx, SOx and GHG emissions.

Significant reduction of GHG emission can be achieved through operational and technical measures. However, the increase in demand for shipping services may impede operational and technical savings.

Environmental indexing, market-based mechanisms and design standards may be appropriate measures to implement in the future.

Despite its relevance, no immediate regulation followed after the presentation of this study. The lengthy discussion on the IMO involvement and approach to the climate change necessitated an updated study.

6.3 Second IMO GHG Study 2009

The second IMO GHG study was commissioned in 2007 and delivered in 2009. This study updated the GHG emissions figures/inventory for shipping and estimated the potential for reduction of emission according to the implementation of different technologies and operational energy efficiency measures. In addition, cost effectiveness and policy evaluation options were considered. This second study initiated a proposed framework to support the regulatory decision making process.

Presented during the Copenhagen UNFCCC’s COP discussions on climate change in December 2009, the Second IMO GHG Study 2009 forms the scientific background for the present IMO policy and regulatory frameworks that was developed soon thereafter. The intention of the document was to provide a solid research-based data and information to the shipping community in order to help them for regulatory decision making. Mr. Mitropoulos, the then Secretary General of the IMO recalled in a foreword to the document its objectives:

“I trust that this Second IMO GHG Study will become the paramount reference for the Organization’s Marine Environment Protection Committee in making well-informed and balanced decisions towards the development and adoption of a robust regime to regulate shipping emissions at the global level.” (IMO, 2009)

This study is documented under nine chapters as follows:

1. Executive Summary 2. Introduction to shipping and its legislative framework 3. Emissions from shipping 1990–2007

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4. Reductions in emissions achieved by implementation of MARPOL Annex VI 5. Technological and operational potential for reduction of emissions 6. Policy options for reductions of GHG and other relevant substances 7. Scenarios for future emissions from international shipping 8. Climate impact 9. Comparison of emissions of CO2 from ships with emissions from other modes of transport

A large number of Appendices are also included in the report. Below, some of the chapters more relevant to topic of this training course are further elaborated.

Chapter 3: Emissions from shipping 1990-2007

Before making the inventory of the GHG emission by shipping, the chapter begins with few introductory comments on the scope and uncertainties. Accordingly, the scope of the emission included in the inventory is taken the same as those in the UNFCCC guidance.

“In line with the above-mentioned guidelines for creating an inventory of emissions, the following pollutants were considered for exhausts: NOx, SO2, PM10, CO, CO2, N2O, CH4 and NMVOC.”(IMO, 2009)

The limitations on estimation of the emissions levels are then deliberated and the following considerations are made:

Exhaust gases uncertainties are the same as those of the previous study and are estimated to be around +/- 20%.

Emission of ODS are detailed by sources: Refrigerants, reefer ships & reefer containers; calculation limits are presented.

Limits and uncertainties in estimating the release of Methane (CH4) and Non-Methane Volatile Organic Compound (NMVOC) are presented.

Sulphur hexafluoride (SF6) and Fluorocarbon (PFCs) on board ships are not emitted to any sufficient degree to be considered as significant issues.

Despite all these limitations, the emissions levels from international shipping were established. As Table 6.1 indicates, amongst various types of the GHG emissions, the GHG emissions from shipping are overwhelmingly dominated by CO2. Thus, CO2 is established as the main GHG concern for shipping that should be the subject of future regulations. All other GHG emissions by international shipping are considered as negligible.

Table 6.1: Summary of GHG emissions from shipping in 2007 [Second IMO GHG Study 2009]

In addition, the data presented highlight that the emissions of GHG nearly doubled during the period concerned by the study (1990-2007), see Table 6.2:

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NOx SOx PM CO NMVOC CO2 CH4 N2O

Increase from 1990 to 2007

78.6% 89.9% 80.0% 92.3% 100.0% 86.8% 100.0% 200.0%

Table 6.2: Increase of exhaust emissions from total shipping 1990-2007 [Second IMO GHG Study 2009]

Chapter 4: Reduction in emissions achieved by implementation of MARPOL Annex VI

This chapter assesses the effectiveness of the existing regulations that existed at the time of study, to reduce emissions. The increase of seaborne trade induces an increase in absolute volumes of emission. Therefore, the calculations consider the emission reduction according to two scenarios: no-regulation hypothesis and MARPOL Annex VI regulation.

Impact of Regulation 12 – Ozone-depleting substances. The MARPOL Annex VI plus the Montreal Protocol demonstrate a serious efficiency in emission reduction (see Table 6.3).

Table 6.3: Reduction in estimated annual emissions (tonnes) of refrigerants from ships [Second IMO GHG

Study 2009]

Impact of Regulation 13 – Nitrogen Oxides (NOx): To address this element, typical emission levels before and after 2000 had to be assessed because NOx emission depends on engine type, conditions and settings but also on fuel quality. These numerous factors made the evaluation complicated. However, it was estimated then that the reduction achieved with the new regulation is about 7%.

Impact of Regulation 14 – Oxides of Sulphur (SOx): The SOx emitted is directly correlated with the sulphur content of the fuel burned. Therefore, the reduction of sulphur content from 4.5% to 3.5% is estimated to have a small impact on Sox emissions because even before the enforcement of this control limit, the fuel oil used by ships rarely contained more than 3.5% sulphur. So, in order to demonstrate the impact of stringent regulation on such emissions, the SOx Emission Control Area were analyzed and compared to the total. As Table 6.4 indicates, most of the reductions are due to ECA-SOx (or SECA).

Table 6.4: Estimated emissions (million tonnes) of SO2 (2008) [Second IMO GHG Study 2009]

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Impact of Regulation 15 – Volatile Organic Compounds (VOCS): The study concludes that the regulation addressing the issue seemed to have been properly implemented on tankers but not on shore terminals.

Overall, the analysis of NOx, SOx & VOCs demonstrated the effectiveness of the regulations to reduce the rate of emission of these pollutants.

Chapter 5: Technological and operational potential for reduction of emissions

This chapter proposes a number of technological and operational techniques for reduction of shipping CO2 emissions. This analysis supported the development of a comprehensive emission reduction policy that later on led to the shipping energy efficiency regulations.

Four solutions for reduction of GHG emissions from international shipping were investigated:

Improving shipping operational energy efficiency.

Using renewable energy sources as alternative technologies/energy.

Using fuels with less total fuel-cycle emission per unit of work done.

Using emission reduction and abatement technologies.

The first item above, improving energy efficiency of shipping, remains the main and easiest target to reduce GHG emissions. Table 6.5 highlights the main measures for improving the energy efficiency in shipping and their probable impact on CO2 emission reduction based on this study.

Table 6.5: Assessment of potential reductions of CO2 emissions from shipping by using known technology [Second IMO GHG Study 2009]

Two other ideas emerged from this part of report are the potential for use of renewal energy on board as alternative power source; and LNG as alternative fuel; both of which in addition to CO2 reduction are serious alternatives to achieve significant reduction NOx, PM and SOx and compliance to relevant requirements.

Chapter 9: Comparison of emissions of CO2 from ships with emissions from other modes of transport

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This part of the study investigates the energy efficiency in terms of CO2 emission efficiency of various transportation means. The unit used to calculate and compare the modes of transport is CO2 emitted per tonne*kilometers cargo carried as indicated in Figure 6.3; this is directly related to fuel consumption.

Figure 6.3: CO2 emission efficiency calculation [Second IMO GHG Study 2009]

Despite large variations and uncertainties in the emission assessments, ranges of efficiencies are determined for sea, air, road and rail (Figure 6.4).

Figure 6.4: Typical range of ship CO2 efficiencies compared to rail, road and air freight [Second IMO GHG

Study 2009]

The benchmarking of sectors highlights the significantly higher energy efficiency of sea transport modes. The historic trend toward efficiency is established and shows that the growing size enhances their efficiency. In addition, the share of shipping emissions is presented in relation with the total emissions (Figure 6.5).

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Figure 6.5: Emissions of CO2 from shipping compared with global emissions [Second IMO GHG Study 2009]

Policy options for international shipping

The Second IMO GHG Study 2009 discuss policy options that include technical, operational and market oriented approaches (see Figure 6.6). Among the several policies detailed in the Second IMO GHG study 2009, three groups of policies are intensively discussed at the IMO. The technical and operational approaches focus on ships and ship management while the economical approach seeks to achieve a global reduction of GHG by promoting incentives and penalties.

Figure 6.6: IMO policy approaches of the GHG emission reduction

Subsequently, the policy options on technical and operational measures were progressed and led to relevant regulations. The debate on Marked-Based Measures (MBMs) for the international shipping proved to be a particularly sensitive issue amongst IMO member States due to a number of reasons and

Policy approaches

Technical Operational Economical

Command and control policy focus

on Ships and management

Market-based

instrument focus on

Global objective

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the sheer complexity of the proposed schemes. As such, this policy option is still on hold within the IMO GHG control regulatory framework.

Main conclusions of report

The main conclusions reached by the Second IMO GHG Study 2009 include the following2:

Shipping was estimated to have emitted 1046 million tonnes of CO2 in 2007, which corresponded to 3.3% of the global emissions during 2007. International shipping was estimated to have emitted 870 million tonnes, or about 2.7% of the global emissions of CO2 in 2007.

Exhaust gases were the primary source of air emissions and carbon dioxide was the most important GHG emitted by ships. Both in terms of quantity and of global warming potential, other GHG emissions from ships were less important.

A significant potential for reduction of GHG emissions through technical and operational measures had been identified. Together, if implemented, these measures could increase efficiency and reduce the emissions rate by 25% to 75% below the current levels. Many of these measures appeared to be cost-effective, although non-financial barriers may discourage their implementation.

A number of policies to reduce GHG emissions from ships were conceivable. The report analysed options and concluded that a mandatory limit on the Energy Efficiency Design Index for new ships was a cost-effective solution that could provide an incentive to improve the design efficiency of new ships. However, its environmental effect was limited because it only applied to new ships and because it only incentivized design improvements and not improvements in operations.

Shipping had been shown, in general, to be an energy-efficient means of transportation compared to other modes.

If the climate was to be stabilized at no more than 2°C warming over pre industrial levels by 2100 and emissions from shipping continue as projected in the scenarios that were given in the report (growth of ship emissions by 200 to 300% by 2050 relative to 2007), then shipping would constitute between 12% and 18% of the global total CO2 emissions in 2050. This would then require significant effort by shipping between 2050 and 2100 to achieve the stabilization targets

6.4 Third IMO GHG Study 2014

Purpose of the study

MEPC 63 noted that uncertainty exists in the estimates and projections of emissions from international shipping and agreed that further work should take place to provide the Committee with reliable and up-to-date information to base its decisions. The Third IMO GHG Study 2014 was therefore commissioned by the IMO in order to update the Second IMO GHG Study 2009, with the main objective of focussing on the following topics:

Development of the inventories of CO2 emissions from international shipping for 2007–2012

Development of the inventories of other air emissions from international shipping for 2007–2012

Development of future shipping scenarios and projection of shipping emissions for 2012–2050

2 http://www.imo.org/en/OurWork/Environment/PollutionPrevention/AirPollution/Pages/Greenhouse-Gas-Study-2009.aspx

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The study was performed in 2013-2014 by an international consortium with a foresight role by a Steering Committee. The report of the study was approved by MEPC 67 in October 2014.

Methodology

Both bottom-up and top-down methods were used, but consortium concluded that the bottom-up approach provides best-estimate. The bottom-up method used in this study, is similar to the Second IMO GHG Study 2009, however, in this study instead of using ship type, size and annual average activity for analysis purposes, the calculations of shipping’s activity, fuel consumption and air emissions (GHG and pollutants) are performed for each in-service ship using detailed satellite information. The satellite data on an hourly basis for the full period of 2007-2012 were used for estimation of emissions. The hourly estimates are then aggregated to find the totals of emissions and fuel consumption, first per each fleet or ship type and then for international shipping and total shipping (international, domestic and fishing vessels combined) separately. Figure 6.7 shows an overview of satellite routes that represent the data used for this study.

Figure 6.7: Geographical coverage using AIS data and shipping satellite data [Third IMO GHG Study 2014]

New CO2 estimates (inventory) Using the methodology, the international shipping CO2 emissions estimates for 2007-2012 was established. The consensus CO2 emissions estimate in tonnes and as a % share of global CO2 emissions is shown in Table 6.6.

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Table 6.6: Estimated emissions of CO2 (million tonnes) from total shipping and international shipping [Third IMO GHG Study 2014]

The estimates in Table 6.6 indicate an overall reduction in CO2 emissions from international shipping in both absolute terms and as a percentage of global CO2 emissions for period 2007 to 2012.

For the year 2012, total shipping emissions were approximately 938 million tonnes CO2 and 961 million tonnes CO2e (CO2 equivalent) for GHGs combining CO2, CH4 and N2O. International shipping emissions for 2012 are estimated to be 796 million tonnes CO2 and 816 million tonnes CO2e for total GHGs emissions combining CO2, CH4 and N2O. Accordingly, international shipping accounts for approximately 2.2% and 2.1% of global CO2 and GHG emissions on a CO2 equivalent (CO2e) basis respectively.

Figure 6.8 shows the breakdown of CO2 emissions per ship type.

Figure 6.8: CO2 emissions from international shipping by ship type for 2012 [Third IMO GHG Study 2014]

This Figure indicates that container ships, bulk carriers and oil tankers dominate the international shipping CO2 emissions.

Trend and overall emissions inventories

Figure 6.10 shows the summary estimates of the air emissions inventories under this study.

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Figure 6.9: Emissions estimates for all shipping for period 2007 to 2012. Green bar represents the Second IMO GHG Study 2009 estimate [Third IMO GHG Study 2014]

From Figure 6.10, the following conclusions may be made:

NOx and SOx: This study estimates multi-year (2007–2012) average annual totals of 20.9 million and 11.3 million tonnes for NOx and SOx respectively from all shipping. Annually, international shipping is estimated to produce approximately 18.6 million and 10.6 million tonnes of NOx and SOx respectively. Global NOx and SOx emissions from all shipping represent about 15% and 13% of global NOx and SOx from anthropogenic sources reported in the IPCC Fifth Assessment Report (AR5), respectively. International shipping NOx and SOx represent approximately 13% and 12% of global NOx and SOx totals, respectively.

Fuel consumption: Over the period 2007–2012, average annual fuel consumption ranged between approximately 247 million and 325 million tonnes of fuel consumed by all ships within this study, reflecting top-down and bottom-up methods, respectively. Of that total, international shipping fuel consumption ranged between approximately 201 million and 272 million tonnes per year, depending on whether consumption was defined as fuel allocated to international voyages (top-down) or fuel used by

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ships engaged in international shipping (bottom-up), respectively. The total fuel consumption of shipping is dominated by three ship types: oil tankers, containerships and bulk carriers.

Figure 6.11 shows the breakdown of shipping fuel consumption per combustion system. As expected most of fuel consumption occurs in main engines followed by auxiliary engines. Consistently for all ship types, the main engines (propulsion) are the dominant fuel consumers while boilers use relatively smaller amount of fuel compared to auxiliary engines.

Figure 6.10: Annual shipping fuel consumption per ship type and combustion system [Third IMO GHG Study

2014]

CO2 emissions: CO2 emissions from shipping are estimated to range between approximately 739 million and 795 million tonnes per year in top-down results, and to range between approximately 915 million and 1135 million tonnes per year in bottom-up results. International shipping CO2 estimates range between approximately 596 million and 649 million tonnes calculated from top-down fuel statistics, and between approximately 771 million and 921 million tonnes according to bottom-up results.

CO2 emissions projections for international shipping As part of the study, scenario modelling was used to estimate the projected levels of the international shipping CO2 emissions. A very large number of scenarios (altogether 16) were modelled that included the following options:

Low and high LNG uptake as marine fuel

Constant ECAs and more future ECAs

High transport efficiency and low transport efficiency

Various RCPs (Representative Concentration Pathways) for future shipping demand based on demand for commodities

Various SSPs (Shared Socioeconomic Pathways) denoting economic activities and future economic growth

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Figure 6.9 shows the CO2 emissions projections for international shipping. The thick lines show the case for closely related scenarios.

Figure 6.11: CO2 emissions projections for international shipping [Third IMO GHG Study 2014]

Accordingly and depending on future scenarios, international shipping CO2 emissions are projected to increase by 50% to 250% in the period to 2050, despite fleet average efficiency improvements of about 40% (in some scenarios, an efficiency improvement of 60% have been assumed). This study shows that under almost all the perceived scenarios, the CO2 emissions will not decline in 2050 relative to 2012. Thus, further action on efficiency and emissions will be needed to stabilize GHG emissions from international shipping or bring it below 2012 levels in 2050.

Emissions projections demonstrate that improvements in efficiency are important in mitigating the emissions and reduce their rise. The scenarios also show that compared to regulatory or market-driven improvements in efficiency, changes in the fuel mix have a limited impact on GHG emissions, assuming that fossil fuels remain dominant.

6.5 History of IMO GHG-related activities

With a view to addressing the issue of air emissions from international shipping, IMO in its 1997 MARPOL Conference adopted MARPOL Annex VI on prevention of air pollution from ships and also adopted Resolution 8 on "CO2 emissions from ships" as a starting point inviting:

the IMO Secretary-General to co-operate with the Executive Secretary of UNFCCC in the exchange of information on the issue of GHG emissions;

IMO to undertake a study of GHG emissions from ships for the purpose of establishing the amount and relative percentage of GHG emissions from ships as part of the global inventory of GHG emissions; and

the Marine Environment Protection Committee (MEPC) of IMO to consider feasible GHG emissions reduction strategies.

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This was the starting point for IMO debates and decisions on GHG emissions from international shipping that still continues. Figure 6.12 provides the important chronoligical order of the IMO activities so far since 1997.

Figure 6.12: IMO GHG control related activities in chronoligal order

Further details of the IMO activities are given below in chronological order.

1997-2003 As a follow-up to Resolution 8, the First IMO GHG Study 2000 was completed and presented to the forty-fifth session of the MEPC (MEPC 45) in June 2000 (see Section 6.2 for details of this study).

2003-2008 In an effort to further address the issue of GHG emissions from ships, the IMO Assembly adopted, in December 2003, Resolution A.963(23) on "IMO Policies and Practices related to the Reduction of Greenhouse Gas Emissions from Ships." As follow-up to this resolution, MEPC 55 (October 2006) approved the MEPC’s "Work plan to identify and develop the mechanisms needed to achieve the limitation or reduction of CO2 emissions from international shipping," inviting Member Governments to participate actively in the work plan.

MEPC 55 also agreed to update the “First IMO GHG Study 2000” to provide a better foundation for future decisions and to assist in the follow-up to resolution A.963(23). MEPC 56 (July 2007) adopted the terms of reference for the updating of the study. The report of this study prepared by a consortium and was submitted to MEPC in 2009 under the title “Second IMO GHG Study 2009” (See Section 6.3 for full details of this study).

MEPC 59 ( July 2009) The MEPC work plan culminated at MEPC 59 with the MEPC agreeing to a package of technical and operational measures to reduce GHG emissions from international shipping and also agreed on a plan

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for further consideration and development of suitable and efficient Market Based Measures (MBMs) to complement the technical and operational reduction measures and to provide economic incentives for the shipping industry. The MEPC further agreed that any regulatory scheme to control GHG emissions from international shipping should be developed and enacted by IMO as the most competent international body

IMO's GHG / energy efficiency work plan at the time contained three distinct components:

The technical measures that will mainly be applied to new ships. This was reflected in the development of EEDI related regulations.

The operational measures for all ships in operation (new and existing). This was reflected in the development of SEEMP and EEOI.

The MBMs providing market / competition incentives to the shipping industry by setting a sort of cost item for CO2 emitters and incentives for those who reduce their CO2 emissions.

Technical and operational measures: MEPC 59 finalized a package of technical and operational measures in the form of Guidelines for EEDI, SEEMP and EEOI. Relevant Guidelines developed and approved (in the form of Circulars) for the then voluntary application.

Market Based Measures (MBMs): The agreed package of the above technical and operational measures is a very important step in ensuring that the shipping industry has the necessary mechanisms to reduce its GHG emissions. However, the MEPC recognized that these measures would not be sufficient to satisfactorily reduce the amount of GHG emissions from international shipping in view of the growth projections of world trade. Therefore, MBMs was considered as a market-driven option by the MEPC in line with its GHG work plan. At the time, it was understood that a good MBM would serve two main purposes: (1) Offsetting in other sectors of growing ship emissions and (2) Providing a fiscal incentive for the maritime industry to invest in more fuel efficient ships and technologies and to operate ships in a more energy efficient manner.

MEPC 60 (2010) The main work accomplished during this session was the preparation of the “draft regulatory text” on mandatory requirements for the EEDI for new vessels and on the SEEMP for all ships in operation. The MEPC realised that to finalise the regulatory text, it is required to decide on issues concerning ship size, ship types, target dates and reduction rate in relation to the EEDI requirements.

The MEPC agreed in principle on the basic concept that a vessel's Attained EEDI shall be equal or less than the Required EEDI, and that the Required EEDI shall be drawn up based on EEDI reference lines and reduction rates. This became the subject of additional work and use of concrete methods for calculating the EEDI reference line using data from existing ships in the IHS Fairplay database.

With regard to MBM, the MEPC agreed to establish an Expert Group on the subject to undertake a feasibility study and impact assessment of the various proposals submitted for a MBM instrument for international maritime transport.

MEPC 61 (2010) Technical and operational measure: Having considered means by which technical and operational measures could be introduced in MARPOL Annex VI, there was further debates and agreement on how these regulatory texts should be introduced. The debate concentrated for the IMO Secretary-General to circulate proposed amendments to MARPOL Annex VI for mandatory application of EEDI and SEEMP regulatory text and relevant Guidelines that have already been disseminated for voluntary use. The issue of criculation by the Secretary General was the subject of much debate as some States did not consider it appropriate.

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Market-Based Measures: The scope of the work of the Expert Group was to evaluate the various proposals on possible MBMs, with the aim of assessing the extent to which they could assist in reducing GHG emissions from international shipping, giving priority to the maritime sectors of developing countries, least developed countries (LDCs) and Small Island Developing States (SIDS). The MBM proposals under review ranged from a GHG Fund or levy on all CO2 emissions from international shipping or only from those ships not meeting the EEDI requirement, via emission trading systems, to schemes based on a ship's actual efficiency, both by design (EEDI) and operation (SEEMP).

The MEPC agreed Terms of Reference for an intersessional meeting of the “Working Group on GHG Emissions from Ships” to deal with relevant schemes and submissions and report back to MEPC 62.

MEPC 62 (July 2011) The final breakthrough came at MEPC 62. As a result of lengthy deliberations, the amendments to MARPOL Annex VI in the form of “energy efficiency regulations for ships” was added as a new Chapter 4 to MARPOL Annex VI as a result of which EEDI and SEEMP became mandatory for applicable ships. Other amendments to Annex VI included addition of new definitions and the requirements for survey and certification, including the format for the International Energy Efficiency Certificate.

MEPC 63 (2012) An important series of guidelines to support the uniform implementation of mandatory measures for ship energy efficiency (EEDI and SEEMP) was adopted by the MEPC in this session. During this session, the MEPC also continued its intensive discussion on MBMs for application to international shipping.

MEPC 64 (2013) The MEPC continued to refine relevant Guidelines on calculation and verification of EEDI. MEPC additionally approved the following:

A number of UIs (Unified Interpretations) on definition of "new ships" for various EEDI phases, on timing of ships to have a SEEMP on-board and also on "major conversion" for energy efficiency purposes.

Decided on development of interim guidelines for determining minimum propulsion power to maintain the manoeuvrability of ships in adverse conditions and draft Guidelines on treatment of innovative energy-efficiency technologies.

A debate on Regulation 23 of chapter 4 of MARPOL Annex VI on “promotion of technical co-operation and transfer of technology” that led to a text of a draft resolution3 on issues relating to technology transfer for the improvement of energy efficiency of ships.

In principle endorsed and outline for an update of the previous GHG Studies including GHG inventory. Finally, it decided to defer debates on MBMs to MEPC 65.

MEPC 65 (2013) During this MEPC meeting, the following were accomplished:

Resolution on MEPC.229(65) on Promotion of Technical Co-operation and Transfer of Technology Relating to the Improvement of Energy Efficiency of Ships was adopted.

Study to update the previous GHG Study approved: The MEPC approved the terms of reference and agreed to initiate a study for an update of previous IMO GHG Studies.

3 Resolution MEPC.229(65) on Promotion of Technical Co-operation and Transfer of Technology Relating to the

Improvement of Energy Efficiency of Ships

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Development of energy-efficiency regulations continued: The MEPC continued its work on further developing the EEDI and SEEMP framework. This included approval of draft amendments to MARPOL Annex VI to extend the application of EEDI to ro-ro cargo ships (vehicle carrier), LNG carriers, cruise passenger ships having non-conventional propulsion, ro-ro cargo ships and ro-ro passenger ships; and to exempt ships not propelled by mechanical means, and platforms including FPSOs and FSUs and drilling rigs, regardless of their propulsion; as well as cargo ships having ice-breaking capability.

Adopted amendments to update a number of Guidelines on EEDI. Adopted those Guidlenes that were approved under MEPC 64.

Further measures to improve the energy efficiency of ships: The MEPC considered the importance of enhancing the existing framework (EEDI and SEEMP) for further reduction of shipping GHG emissions. As such the MEPC agreed to establish a sub-agenda item for discussion of further technical and operational measures for enhancing energy efficiency for international shipping, and to establish a working group under this sub-agenda item at MEPC 66.

MEPC 66 (April 2014) The following aspects were discussed but no substansive decision made:

Energy-efficiency measures for ships considered: The MEPC continued its work on further developing guidelines to support the uniform implementation of the regulations on energy-efficiency for ships.

Technical co-operation and technology transfer discussed: The MEPC discussed the implementation of resolution MEPC.229(65) on Promotion of Technical Co-operation and Transfer of Technology Relating to the Improvement of Energy Efficiency of Ships. The Ad Hoc Expert Working Group on Facilitation of Transfer of Technology for Ships (AHEWG-TT), established in accordance with the resolution, met during the session and agreed a work plan with the folloing terms:

o Assessing the potential implications and impacts of the implementation of the energy efficiency regulations in chapter 4 of MARPOL Annex VI, in particular, on developing States, as a means to identify their technology transfer and financial needs;

o Identifying and creating an inventory of energy efficiency technologies for ships; o Identifying barriers to transfer of technology, in particular to developing States,

including associated costs, and possible sources of funding; and making recommendations, including the development of a model agreement enabling the transfer of financial and technological resources and capacity building between Parties, for the implementation of the energy efficiency regulations.

Further measures for improving energy efficiency of ship: The MEPC discussed various submissions relating to proposals to establish a framework for the collection and reporting of data on the fuel consumption of ships.

MEPC 67 (October 2014) The following activities were carried out:

Energy-efficiency measures for ships considered: During the session, the MEPC adopted a number of changes to various Guidelines including:

o The 2014 Guidelines on survey and certification of the Energy Efficiency Design Index (EEDI), updating the previous version to include, for example, identification of the primary fuel for the calculation of the attained EEDI for ships fitted with dual-fuel engines using LNG and liquid fuel oil.

o The MEPC also adopted amendments to the 2013 Interim Guidelines for determining minimum propulsion power to maintain the manoeuvrability of ships in adverse conditions.

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o A correspondence group was established to review the status of technological developments relevant to implementing phase 2 of the EEDI regulatory framework as foreseen under Regulation 21.6.

Further measures - Data collection system for fuel consumption of ships: The MEPC agreed, in principle, to develop a data collection system for ships and, having agreed on the general description of the data collection system for fuel consumption of ships, agreed to the re-establishment of an intersessional correspondence group to develop full language regulatory text so that it can be readily used for voluntary or mandatory application of the system. The core elements of the data collection system included: (1) data collection by ships, (2) flag State functions in relation to data collection including verification and (3) establishment of a centralized database by the IMO.

Third IMO GHG Study 2014 approved: The MEPC approved the Third IMO GHG Study 2014 providing updated estimates for GHG emissions from ships (see Section 6.3 for details of this study).

MEPC 68 (May 2015) In this session of the MEPC, the following were agreed:

Further development of energy-efficiency guidelines for ships: The MEPC continued its work on further develop and approved/adopted guidelines to assist in the implementation of the mandatory energy-efficiency regulations in particular the EEDI.

EEDI review work to continue: The progress of the Correspondence Group established to review the status of technological developments relevant to implementing phase 2 of the EEDI regulations, as required under regulation 21.6 of MARPOL Annex VI, was received and MEPC decided to re-established the Correspondence Group to further the work.

Text agreed for further development of a data collection system: On “further measures”, the MEPC agreed that the full language text for the data collection regulations need to be enhanced. The proposed text were preliminary agreed and the Correspondence Group was re-convened to continue work on this text and report back to future MEPC meetings (see Section 6.4 for further details on MRV).

All the above activities will be reported back to MEPC 69 in March 2016.

6.6 Current regulatory framework

As discussed in previous section, through extensive discussions within the IMO, mandatory measures to reduce emissions of GHG from international shipping were adopted by Parties to MARPOL Annex VI at MEPC 62 in July 2011. This provided the first ever mandatory global GHG reduction regime for an international industry sector.

This amendments to MARPOL Annex VI Regulations for the prevention of air pollution from ships, added a new chapter 4 on Regulations on Energy Efficiency for Ships to make mandatory the Energy Efficiency Design Index (EEDI), for new ships, and the Ship Energy Efficiency Management Plan (SEEMP) for all ships. Other relevant amendments to Annex VI included new definitions and the requirements for survey and certification, including the format for the International Energy Efficiency Certificate. Additionally, voluntary Guidelines for claculation of Energy Efficiency Operational Indicator (EEOI), that was developed and agreed in 2009, can be used for operational monitring of ships energy efficiency measures.

These technical and operational measures are collectively shown in Figure 6.13, which also indicates how EEDI, SEEMP and EEOI will work collectively to cover both ship design and operation.

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Figure 6.13: Main components of the IMO energy efficiency regulations

An important series of guidelines to support the uniform implementation of the above mandatory measures are adopted, paving the way for the regulations to be smoothly and uniformly implemented by Administrations and industry. Some examples of these Guidelines include:

2014 Guidelines on the method of calculation of the attained Energy Efficiency Design Index (EEDI) for new ships, as amended;

2012 Guidelines for the development of a Ship Energy Efficiency Management Plan (SEEMP);

2014 Guidelines on survey and certification of the Energy Efficiency Design Index (EEDI), as amended; and

2013 Guidelines for calculation of reference lines for use with the Energy Efficiency Design Index (EEDI).

Further details of the relevant regulations and Guidelines are given in Module 2.

6.7 IMO Further energy efficiency measures

A number of studies including IMO MEPC 63/INF.2 by Bazari and Longva (2011) and the Third IMO GHG Study 2014 indicate that successful implementation of the shipping technical and operational energy efficiency regulations could reduce shipping GHG emissions significantly, but on their own they are not sufficient to prevent the rising trend in shipping GHG emissions under all existing growth scenarios. Consequently, the IMO began working on further technical and operational measures including the development of a global shipping data collection system for energy efficiency as a first step priority area.

Since April 2014 as a result of MEPC 67 and 68 meetings, IMO reached preliminary conclusions on a general description of such a global data collection system. Based on results of the relevant MEPC working group deliberations, the data collection and reporting requirements would apply to ships involved in international shipping over a certain size threshold and regardless of their flag State.

The draft developed data collection system identifies three core elements including: (1) data collection by ships, (2) flag State functions in relation to data collected including verification and (3) establishment of a centralized database by the IMO. As it stands now (2015), the following features are under considerations for the IMO data collection system:

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• Applicable to ships of gross tonnage more than 5000 GT

• Annual reporting

• IMO number for ship identification

• Confidentiality of some data such as transport work will be observed.

• Guidelines will be developed to deal with various details of data collection and verification activities.

• Registered owner will be responsible for submission of data to Administration

• Administration will be responsible for verification (can be delegated to Recognized Organizations).

• A Statement of Compliance (SoC) will be issued by the Administration to each ship annually.

• PSC (Port State Control) will examine SoC for enforcement

• In addition to ship’s fuel consumption, other data may be collected such as transport work and distance sailed. These will be discussed and decided later.

Thus in summary, beginning at a specific date, ships should annually submit their data to a centralized database maintained and managed by the IMO. Flag States should put in place mechanism(s) to ensure compliance by the ships entitled to fly their flag with the annual data collection requirements; and that data included in annual reports is sent to the centralized database. The compliance system of the flag State should have provisions for the transfer of ownership and change of flag.

The above is the current general agreement; however, this is a work-in-progress at the IMO that is planned to be finalised in the future (expected by MEPC 70 in late 2016). It is worth noting that EU has already legislated an MRV (Measurement, Reporting and Verification) system for shipping that has similarities to IMO current work. The EU-MRV has been fully described in Module 6.

6.8 Implementation and enforcement support

IMO supports to extent possible the implementation aspects of its regulations in particular supporting the developing countries. In this section, such activities are described further.

IMO Technical Co-operation (TC) programme

IMO through its Technical Cooperation Department and relevant budgets as well as through donor country funds organises a number of activities mainly in area of capacity building in the form of training workshops. In specific area of shipping GHG control, the following activities have been done so far:

National and regional workshops on MARPOL Annex VI and GHG emissions from international shipping with the main aim of raising awareness on the subject. A number of such workshops have already been conducted in a number of countries and regions.

Under the IMO's Integrated Technical Co-operation Programme, a sum of $400,000 was allocated for the 2012 to 2013 biennium for various national and regional capacity building activities. This sum financed regional training and seminars supporting capacity building and information exchange and sharing..

A further $400,000 has been allocated for the 2014 to 2015 biennium to sustain the level of technical cooperation interventions in various regions, for the effective implementation and enforcement of energy efficiency measures for ships.

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In addition, some IMO members made donations for capacity building activities/workshops to support the implementation of the existing international energy efficiency rules and assess the need for technology transfer. The IMO completed in 2013 a major technical cooperation project on "Building capacities in East Asian countries to address GHG emissions from ships" with $700,000 funding support of the Korea International Cooperation Agency (KOICA). Additionally, funding received for other donors such as the Government of Canada in promoting adoption and implementation of the MARPOL Annex VI with specific emphasis on GHG emissions from shipping.

IMO-UNDP-GEF Initiative

In 2014, the IMO Secretariat submitted a proposal to Global Environment Facility (GEF) for funding a two-year global project entitled 'Transforming the Global Maritime Transport Industry towards a Low Carbon Future through Improved Energy Efficiency' to assist the developing countries in the implementation of new energy efficiency measures adopted by IMO. This project was endorsed by GEF in 2015.

The main activities under this project are foreseen to include the following components; all related to promotion of low carbon shipping in the participating pilot countries:

1. Legal, Policy and Institutional Reforms (LPIR): This is the priority component within the project and aims to improve the host country legal, policy and institutional frameworks. This will be achieved via carrying out country status / baseline assessment, development of global guidance and model legislations, support for customisation and finally the implementation.

2. Capacity building and knowledge exchange: The core of this activity includes the long-term capacity-building for the accelerated implementation of IMO energy efficiency regulations. This will be achieved via extensive set of training activities, workshops, participation in international events as well as dissemination of information.

3. Public-private partnership for innovation and R&D: This activity primarily aims to catalyse maritime sector energy efficiency innovation and R&D. To achieve this, the project aims to promote partnerships such as (1) global forums to highlight best practices and R&D on maritime energy efficiency and (2) formation of a Global Industry Alliance for industry, academia and ship design and operation R&D community to promote debates and R&D.

10 developing countries are taking part in implementation of this project.

Technology transfer debate

The amendments to MARPOL Annex VI which introduced “the energy efficiency regulations for ships” also included a new Regulation 23. Regulation 23 encourages the Parties to MARPOL Annex VI in co-operation with the IMO and other international bodies:

To promote and provide, as appropriate, support directly or through the IMO to States, especially developing States that request technical assistance.

Co-operate actively with other Parties, subject to its national laws, regulations and policies, to promote the development and transfer of technology and exchange of information to States which request technical assistance, particularly developing States, in respect of the implementation of Chapter 4 of MARPOL Annex VI.

Moreover, it was agreed at the time of the adoption of energy efficiency regulations, to complement them with a resolution on “promotion of technical co-operation and transfer of technology relating to

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the improvement of energy efficiency of ships”, which was adopted in May 2013 as Resolution MEPC.229(65). This Resolution provides a framework for the promotion and facilitation of capacity building, technical cooperation, and technology transfer to support the developing countries in the implementation of the EEDI and the SEEMP. Amongst others, it invites international and regional organizations, non-governmental organizations and the industry to contribute in any manner possible and as appropriate to enhancing the effective implementation of chapter 4 of MARPOL Annex VI.

An AHEWG-TT (Ad Hoc Expert Working Group on Facilitation of Transfer of Technology for Ships) was set up by IMO MEPC to deal with implementation of the Resolution with terms of reference that include:

Assess the potential implications and impacts of the implementation of chapter 4 regulations, in particular, on developing States, as a means to identify their technology transfer and financial needs;

Identify and create an inventory of energy efficiency technologies for ships.

Identify barriers to transfer of technology, in particular to developing States, including associated costs, and possible sources of funding and make recommendations.

Develop a model agreement enabling the transfer of financial and technological resources and capacity-building between Parties.

The AHEWG-TT activities had so far had a number of meetings and produced a number of documents. At the time of writing this Module (2015), the work of AHEWG-TT is in progress with completion date of MEPC 70 (October 2016).

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21. Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M.Tignor and H.L. Miller (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA.

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44. Zaelke, Durwood and James Cameron (1990). "Global Warming and Climate Change - An Overview of the International Legal Process." American University International Law Review 5, no. 2 (1990): 249-290.

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